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S.2840, which passed both the Senate and the House (now waiting for the President’s signature) provides for accelerated processing of naturalization applications for U.S. military personnel.

The key features of the bill include: 1) establishing an office of FBI liaison in the Department of Homeland Security (DHS), which will accelerate FBI clearance of naturalization applications for military personnel, and 2) establishing a 6-month time line for processing such applications.

Currently, there is no “accelerated docket” for processing naturalization applications filed by members of U.S. Armed Forces or their families, although, generally, these applications take less time than other naturalization applications. Nonetheless, this creates a time table for action.

This is particularly important for families of U.S. military personnel, and here is why. Generally speaking, U.S. military personnel currently on active duty can apply for naturalization at any time, regardless of their immigration status in the U.S. Spouses, children or parents of U.S. military personnel can apply for immigration benefits, but timing is everything for them. If the family members apply before the military person becomes a U.S. citizen, they are facing long waiting lines. Once the military spouse/child/parent is a U.S. citizen, however, their beneficiaries can typically receive immigration benefits and work authorization within a relatively short period of time. If the military member is deceased, the family members can apply for posthumous citizenship and receive immigration benefits after citizenship is granted to the deceased. The processing times of citizenship applications are therefore critical to the family’s ability to live, work or receive education in the United States. Creating a time table for the processing lifts a huge burden off the shoulders of our military personnel and their families.

USCIS provides a wealth of information on military naturalizations. Here is a list of useful resources:
USCIS hotline: 1 877 CIS 4MIL (1 877 247 4645)
USCIS website on military personnel: www.uscis.gov/military
USCIS fact sheet on citizenship through the military
USCIS information on naturalization abroad for military personnel and their families
Overseas naturalization eligibility for certain children of U.S. military personnel
Form N-400, application for naturalization
Form N-426, application for certification of military or naval service
Form N-400K, for children who reside abroad and claim U.S. citizenship based on parentage

The U.S. Department of Homeland Security (DHS) issues advance notice that all federal contractors must use the E-Verify system to confirm employment eligibility of its employees. The requirement comes from Presidential order 12989, mandating that all federal contractors enroll with E-Verify.

E-Verify is an on-line free, voluntary program for employers to quickly verify employment eligibility of its employees. Those who wish to take advantage of this program must enroll and follow the program rules. For example, once an employer is enrolled with E-Verify, it must use it for all its employees.

Here is a link to the DHS press release.

Here is a link to the E-Verify Manual.

The United States Citizenship and Immigration Service (USCIS) has published guidance for adjudicators in processing petitions for adjustment of status (basically, a green card petition) filed by battered spouses of abusive U.S. citizens. According to the guidance memo, under the Violence Against Women Act (VAWA), even those petitioners who entered the U.S. illegally are eligible to become permanent residents if they prove they were battered or subjected to extreme metal cruelty.

By way of explanation (and in plain-spoken English), under the U.S. immigration laws, a spouse of a U.S. citizen can become a permanent resident (green card). The caveat is that both spouses have to file the petition. Under VAWA, a battered spouse can file a petition on her own behalf (without the husband’s signature) if she/he was battered or subjected to extreme mental cruelty. However, someone who entered the country illegally (i.e. without an inspection at the border) is typically not admissible into the U.S. and is not eligible to adjust his/her status. The memo explains that this ground of inadmissibility is not applicable to VAWA applicants.

Historically, USCIS has denied adjustment of status to VAWA petitioners solely on the basis that the petitioner entered the U.S. illegally. According to the memo, those petitioners whose petitions were denied can file a motion to reopen, Form I-290B, without having to pay the filing fee, to have their I-485 reconsidered.

Here are some links:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
Form I-290B (motion to reopen).
USCIS fact sheet on VAWA applications.
USCIS guidance memorandum on VAWA applications.

VAWA applicants who need assistance with filing motions to reopen are welcome to contact our office for more information.

Much debate revolves around the impact of immigrants on the U.S. economy. Some argue that immigrants are a burden to public resources and the U.S. economy at large. But what are the hard facts behind this debate?

Stephen Moore, Senior Economics Writer at the Wall Street Journal and Richard Vedder, Distinguished Professor of Economics at Ohio University, provide some hard numbers in a forthcoming Immigration Policy Center report. The report is based on data from the 2005 Census Bureau Reports and other sources. Quoting from the Immigration Policy Center, immigrant households and businesses paid close to “$300 billion in federal, state and local taxes.”
Further, “depending on skills and level of education, each immigrant pays, on average, between $20,000 and $80,000 more in taxes than he or she consumes in public benefits.” According to the report, this is attributed to the fact that immigrants come to the U.S. after they obtain education abroad and they benefit the Social Security system by entering the U.S. in their prime wage-earning years. See the report for more information.

Personally, I am a first-generation immigrant. Anyone who says immigrants are a burden to the U.S. economy has no clue. My tax bill this year alone speaks for itself! (Joking…..kind of). Most immigrants that come here are highly educated, disciplined and self-sufficient. They don’t mooch off the public benefits or strip equally qualified employees of jobs. Some of our youths should look to immigrants for an example of self-discipline, work ethic and core values. Our immigrants are what makes the American Dream a hard-earned reality.

But, this is my opinion, look for the report and judge for yourself! After all, it is a free country, and we are all entitled to our opinions, however ill-informed some of them may be.

Cleveland Immigration Court has launched its own website at
http://www.usdoj.gov/eoir/sibpages/cle/geninfo2.htm. The website contains information
about court staff, hours of operation, local operating procedures, directions, forms and frequently asked questions.

The Executive Office of Immigration Review (EOIR) swears in 11 new judges for immigration courts throughout the country. Cleveland is not on the list. Until recently, all immigration hearings from Cleveland Ohio were conducted by video conference as Cleveland did not have its own immigration judge. Honorable Judge Evans was appointed as a judge in our own local immigration court. Since then, the case volume has increased dramatically, and I am sure the judge and court staff could use some more help. Maybe next year…

Click here if you would like to see the names and brief bios of the new judges.

The American Immigration Lawyers Association (AILA) is sponsoring National Citizenship Day, to take place all over the country, including Cleveland, Ohio. Immigration lawyers, paralegals and assistants will be on-hand at Cleveland Legal Aid Society on Saturday, April 19th, from 9:00 a.m. to 4:00 p.m. to provide free assistance with filling out citizenship applications.

The local event will be at Legal Aid Society 1223 West Sixth Street, Cleveland, OH 44113. With questions, please call Legal Aid Intake: (216) 687-1900.

Take advantage of this opportunity if you need help filling out your citizenship applications!

The United States Citizenship and Naturalization Service projects an improvement in processing times for naturalization cases - a whopping 3-month improvement (13-15 months of processing time from the current 16-18 months).

Jokes aside, the surge in naturalization applications and such a backlog in processing them is thanks to a hike in filing fees last summer. USCIS saw 460,000 applications for the month of July alone - which were undoubtedly filed to beat the fee increase. Just as a comparison, prior to this surge, typical processing time was about 6 months.

Perhaps next year, we’ll be back to normal. For those of you whose applications are currently pending, sit tight.
Here is a link to the press release for what it’s worth.

Effective January 1, 2008, Ohio’s minimum wages increase to $7.00 per hour for non-tipped employees and $3.50 per hour for tipped employees. These wage rates apply to employers who gross $255,000 in annual sales. Those who gross less than $255,000 in annual sales must follow federal minimum wage laws. For mor information, see the Department of Commerce Press Release.

United States Citizenship and Immigration Service advises of long delays in processing applications filed this summer. It predicts 16 to 18 months of processing time for naturalization applications filed in June of 2007. It used to take about 6 months. For those whose applications are currently pending, sit tight. USCIS has committed to hiring 1,500 new employees to process the nearly-doubled amount of applications filed. This increase in applications is most likely attributable to applicants trying to beat a hike in filing fees that occurred on July 31, 2007. If you need to check the status of your application, click here.