visaroot's blog

The dedication and commitment of the members of our armed forces deserve our unwavering gratitude. The sacrifices made by our servicemen and women keep America safe from harm. It is important that as a grateful nation, we show our appreciation by providing for and taking care of our military families. Keeping this spirit in mind, New Jersey Senator, Robert Menendez introduced the Military Families Act, S. 2757 to the Senate floor on the eve of Veterans Day. This bill, if passed, purports to authorize adjustment of status for immediate family members who served honorably in the Armed Forces of the United States during the Iraq and Afghanistan and for other purposes. Currently, there are over 114,000 immigrants serving in the U.S. Armed Forces. The U.S. government and the military have implemented many procedures that help members of armed forces navigate immigration rules and regulations, including a road to U.S. citizenship.

An initiative established by U.S. citizenship and Immigration Services (USCIS) in January, 2006, the Outstanding American by Choice recognizes contributions and achievement of naturalized U.S. citizens. A successful nominee for the recognition must:

1. be a naturalized U.S. citizen;
2. have established leadership and achievements in one of the enumerated categories and
3. have demonstrated responsible citizenship and a commitment to the United States and have common civic values that unite us all.

Past recipients of this recognition include former U.S. Secretary of Commerce, Indra K. Nooyi; Congressman Albio Sires (NJ-13); Actor, Director and Writer, Andy Garcia; Singer, Songwriter, Gloria Estafan; and Musician, Emilio Estefan to name a few. Becoming a citizen of the United States is an important undertaking that should be done thoughtfully and with full understanding of its rights and responsibilities. Once we become a citizen of the United States, we are its representatives to the outside world and we should conduct ourselves as such.

Source: USCIS

On October 30, 2009, the Obama Administration announced the end of a 22 year old ban on travel to the United States by people who have tested positive for the Human Immunodeficiency Virus (HIV) which is know to cause AIDS (Acquired Immunodeficiency Syndrome). Under the ban, those testing positive for HIV were found inadmissible for entry into the United States. The ban covered every tourist and foreigner seeking to enter the United States. Waivers have been available for individuals testing positive for HIV and AIDS but the procuedures were ardous and chance of approval slim.

The new rule takes HIV infection off the “communicable disease of public health significance” list for immigration purposes. Under the new rule, foreigners applying to become permanent residents will no longer be required to be tested for AIDS. The lift on the ban is seen as a progressive step forward and fulfills President Obama’s promise to gay advocates. The final rule will go into effect on January 04, 2010.

Source: The New York Times

U.S. Citizenship and Immigration Services remind certain travelers to they must obtain Advance Parole before traveling abroad. Individuals who have (1) been granted Temporary Protected Status; (2) a pending application for adjustment of status to lawful permanent resident; (3) a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203); (4) pending asylum application; or (5) a pending application for legalization must ask for permission to reenter the United States after traveling abroad. Advance parole is an extraordinary measure that allows an otherwise inadmissible individual to enter the United States due to compelling circumstances. If travelers attempt to reenter without proper prior authorization; their entry may be blocked and their pending applications denied or closed. Processing for an advance parole can take up to 90 days; therefore applicants must plan ahead and apply early.

Source: U.S. Citizenship and Immigration Services

In a measure passed last week by the Senate, U.S. Senators moved to end the practice known as the widow’s penalty. The widow’s penalty is a government practice that revokes foreigner’s applications for permanent residency when their U.S. citizen spouse dies short of the two year marriage anniversary. This measure, if signed into law by President Obama, would allow foreigners married to U.S. citizens for less than two years to submit their own petitions for residency with two years of the spouse’s death. The foreigner spouse can do this as long as he/she has not remarried and can prove a good-faith marriage to the now deceased spouse. The law is retroactive and therefore any immigrant whose spouse died within the two year anniversary, no matter how long ago, will have two years from the time the law is enacted to petition for residency. This law is a relief for many and will prevent unnecessary deportation of many.Source: New York Times