The Department of Homeland Security and the Department of State have outlined an amended policy regarding false claims to citizenship. From now on, a person will only be found to be inadmissible for making a false claim to citizenship if the claim was “knowingly made.” The burden of proof remains with the individual to provide an affirmative defense. Additionally, the policy states that persons who were under 18 years old at the time of making a false claim to citizenship may use their minor status as a defense based on the premise that they are unable to fully grasp their actions. This policy shift is a helpful move forward so that people are not inadvertently found to be inadmissible for mistakenly claiming to be a U.S. citizen.
Pentagon Reopens the MAVNI Program Allowing Immigrants with Temporary Visas and Special Skills to Enlist in the U.S. Armed Forces
Thousands of immigrants successfully petitioned the U.S. government to reopen a special program that allows individuals in non-immigrant status to serve in the military if they possess designated specialized skills. Ordinarily, only lawful permanent residents or U.S. citizens can enlist in the armed forces. The program, entitled Military Accessions Vital to the National Interest (MAVNI), seeks legal immigrants with medical or certain language skills to serve in the U.S. military in exchange for an expedited path to citizenship. The program is relatively small, allowing a maximum of 1500 recruits for each two-year period, the majority of whom will serve in the army. Pentagon spokesperson Eileen Lainez stated the program is intended to fill “some of our most critical readinessneeds.” The MAVNI program focuses on securing medical professionals such as dentists and surgeons, as well as psychology professionals who help manage the severe emotional strain many soldiers experience while serving in combat areas in Afghanistan and Iraq. Additionally, officials are seeking native speakers of 44 different languages. The reopening of this program is based on the exemplary members produced by the MAVNI program in the past,many of whom distinguished themselves as exceptional soldiers. A powerful incentive of the program is that it allows enlistees to naturalize as U.S. citizens at the end of basic training, which only lasts about ten weeks.
The temporary non-immigrant categories eligible for enlistment include: asylees, refugees, individuals in temporary protected status, or individuals in the following nonimmigrant categories, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V. To qualify for the program, the applicant must have been present in the U.S. in one of the listed visas for at least two years immediately prior to enlisting. Additionally, applicants must not have been outside the U.S. for more than a 90-day period during the two years, must be high school graduates, and must pass an entrance exam.
Other technical requirements must also be met in order to enroll.If you are interested and think you may be eligible to serve in the program, it is best to speak to a legal professional to ensure eligibility to apply. Further information is available on the Defense Department website, including requirements for healthcare professionals and individuals with special language and cultural backgrounds.
Breaking News for Pending I-485 Cases Awaiting Security Clearance
In a memo by Associate Director, Domestic Operations, Michael Aytes, dated Feb. 4, 2008 USCIS outlined revised FBI name check procedures for adjustment of status cases. The memo states, in part, “where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with card issuance.” This means that most long-standing I-485 applications for permanent residency should see significant progress up to and including final adjudication in the coming months. However, the memo adds, “[i]f derogatory or adverse information is received from the FBI after the application is approved, USCIS will determine if rescission or removal proceedings are appropriate and warranted.” Please note the policy change does not apply to delayed security checks in N-400 Application for Naturalization cases. Please contact an attorney at Stern & Curray LLC if you have questions regarding this new development.