1. What is the U.S. Citizenship and Immigration Services (USCIS) and what do they do?
The US Citizenship and Immigration Services (USCIS) is a government agency within the Department of Homeland Security (DHS) that oversees lawful immigration to the United States. USCIS manages the naturalization and citizenship process for those seeking to become US citizens, as well as adjudicating applications for visas, green cards, asylum, refugee status, and other immigration benefits. The agency also works to ensure that those who are granted US immigration benefits follow the terms and conditions of their immigration status.
2. What is the process for applying for U.S. citizenship?
The general process for applying for U.S. citizenship is as follows:
1. Determine eligibility – Individuals must meet certain requirements to be eligible for U.S. citizenship. These include being at least 18 years of age, having a permanent residence in the U.S. for at least 5 years, and having good moral character.
2. Submit an application – Once eligibility is confirmed, the applicant must submit Form N-400, Application for Naturalization, to U.S. Citizenship and Immigration Services (USCIS).
3. Pay the fee – An application fee must be paid before USCIS will consider the application.
4. Attend an interview – The applicant will be interviewed by a USCIS officer and must answer questions about their background, eligibility, and their ability to read and write in English. The applicant will also be tested on their knowledge of U.S. history and government.
5. Take the Oath of Allegiance – If approved, the applicant will take the Oath of Allegiance to the United States in a ceremony and officially become a citizen of the United States.
3. What are the advantages of becoming a U.S. citizen?
The advantages of becoming a U.S. citizen include:
– Citizenship rights, such as voting in elections and running for public office
– The ability to apply for federal grants and scholarships
– Access to federal benefits, such as Social Security and Medicare
– The ability to travel freely, with a U.S. passport
– Access to a U.S. passport, which is more secure than a green card
– Protection from deportation
– The ability to sponsor family members for permanent residence in the United States
– The ability to live and work anywhere in the United States
4. What are the rights and responsibilities of U.S. citizens?
Rights of U.S. citizens include the right to vote, the right to a free public education, the right to free speech, the right to assemble peacefully, the right to bear arms, and the right to pursue a livelihood.
Responsibilities of U.S. citizens include obeying laws, paying taxes, serving on juries, respecting the rights of others, and participating in the democratic process.
5. What are the eligibility requirements for naturalization?
The eligibility requirements for naturalization vary depending on the individual case, but generally applicants must:
1. Be at least 18 years old at the time of filing
2. Have been a lawful permanent resident of the United States for a period of 5 years (or 3 years if married to a U.S. citizen)
3. Have had continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing the application
4. Have had no absences from the United States of more than one year
5. Demonstrate good moral character
6. Demonstrate knowledge of U.S. history and government
7. Demonstrate an attachment to the principles of the U.S. Constitution
8. Demonstrate basic English language proficiency
9. Take an oath of allegiance to the United States
6. How do I obtain a Certificate of Citizenship or Naturalization?
To obtain a Certificate of Citizenship or Naturalization, you must submit an Application for a Certificate of Citizenship or Naturalization (Form N-600 or Form N-565) to U.S. Citizenship and Immigration Services (USCIS). You must also provide proof that you are a U.S. citizen or have been naturalized. In some cases, an interview with an immigration officer may be required.
7. What is Temporary Protected Status (TPS)?
Temporary Protected Status, or TPS, is a form of humanitarian protection granted to individuals who are unable to return to their home country due to armed conflict, environmental disaster, or other extraordinary conditions. It is a temporary status granted to those who are already present in the United States and is subject to periodic review and re-designation. TPS typically allows for the individual to live and work in the United States for a limited period of time.
8. Who is eligible to apply for Temporary Protected Status (TPS)?
To be eligible for Temporary Protected Status (TPS), individuals must prove they are a national of a designated country, have continuously lived in the United States since a certain date (usually the date the country was designated for TPS), and that they have been “continuously physically present” in the United States since that date. Additionally, applicants must have a clean criminal record and must not be subject to any of the bars to asylum.
9. What are the benefits of having Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a form of temporary immigration relief available to foreign nationals of certain countries. The primary benefits of TPS are that it allows individuals to remain in the United States temporarily and permits them to obtain employment authorization in the U.S. Additionally, those granted TPS are not removable from the United States and are protected from deportation. Additionally, individuals can travel abroad and return to the U.S. on TPS status if they have maintained their continuous residence in the U.S., and may be eligible for certain public benefits while in TPS status.
10. What is the process for applying for Temporary Protected Status (TPS)?
To apply for TPS, an individual must submit Form I-821, Application for Temporary Protected Status, to U.S. Citizenship and Immigration Services (USCIS) along with required supporting documents and the appropriate filing fee. The application must be filed within the initial registration period or during a designated re-registration period.
In addition to Form I-821, applicants must also submit evidence to establish eligibility for TPS such as proof of nationality or identity, documentation of continuous residence, and evidence of physical presence in the United States at the time of the designation or the re-registration period. Applicants may also be required to undergo a background check and be fingerprinted. The entire process may take several months to complete.
11. How long does Temporary Protected Status (TPS) last?
Temporary Protected Status (TPS) is granted to eligible foreign nationals from designated countries and can last for 6, 12, or 18 months, depending on the country of origin and changing conditions. The Secretary of Homeland Security may extend TPS for up to 18 months or terminate it at any time.
12. How do I renew my Temporary Protected Status (TPS)?
Individuals with Temporary Protected Status (TPS) must re-register during the open registration period, usually about 60 days before their current status expires. During the re-registration period they must submit the necessary forms and fees, and provide any required documentation. For more detailed information on the process, please visit the USCIS website at https://www.uscis.gov/humanitarian/temporary-protected-status.
13. What is Deferred Enforced Departure (DED)?
Deferred Enforced Departure (DED) is a form of temporary protected status granted by the United States government to nationals of certain countries. It allows individuals from these countries to remain in the United States for a limited period of time, often with certain work authorization privileges. It is generally granted in cases of civil unrest, war, or other extraordinary circumstances that make it difficult for individuals to return safely to their country of origin.
14. Who is eligible to apply for Deferred Enforced Departure (DED)?
Deferred Enforced Departure (DED) is generally available to eligible nationals of certain designated countries. Eligibility is determined by the Secretary of Homeland Security on a country-by-country basis. Generally, applicants must have been present in the designated country on the designated effective date, have continuously resided in the country since that date, and have been admissible to the U.S., at the time of applying for DED.
15. What is the process for applying for Deferred Enforced Departure (DED)?
In order to apply for Deferred Enforced Departure (DED), eligible individuals must submit an application for DED status to U.S. Citizenship and Immigration Services (USCIS). The application should include the following documents:
– Form I-821, Application for Temporary Protected Status
– A copy of a valid passport or a national identity document
– Evidence of nationality or last lawful admission
– Evidence of continuous physical presence, as required
– Supporting documentation, such as a police report, if applicable
– Evidence of identity and relationship to any qualifying dependent(s)
– Payment of the applicable fees
After submitting the application, USCIS will review the documents provided and make a determination whether an individual meets the requirements for DED status. If an individual is granted DED status, they will receive an Employment Authorization Document (EAD) that allows them to legally work in the United States.
16. How long does Deferred Enforced Departure (DED) last?
Deferred Enforced Departure (DED) can last indefinitely, but it may be terminated at any time by the President.
17. What happens after Deferred Enforced Departure (DED) expires?
When Deferred Enforced Departure (DED) expires, the person with the DED status may lose their protected status and become subject to deportation. Once DED expires, the individual may be eligible to apply for different immigration statuses, such as asylum or a visa, depending on their specific circumstances.
18. Are there any exceptions to deportation or removal under TPS, DED, or other forms of immigration protection?
Yes, there are exceptions to deportation or removal under TPS, DED, and other forms of immigration protection. Exceptions typically involve humanitarian circumstances, such as when the individual would face significant danger if returned to their home country. USCIS reviews each case on its merits and exceptions may be granted on a case-by-case basis. Depending on the specific immigration status, exceptions can also include when a person has a qualifying family member who is a U.S. citizen or lawful permanent resident, or if the individual has been in the U.S. for a certain amount of time.
19. How do I find out if I have a valid claim to U.S. citizenship, TPS, DED, or other form of immigration protection?
You should contact a qualified immigration attorney or an organization such as the American Immigration Lawyers Association (AILA) to determine whether you may have a valid claim to U.S. citizenship, TPS, DED, or other form of immigration protection. The AILA website (www.aila.org) provides a directory of immigration attorneys by state. You may also search for information about immigration rights at the U.S. Citizenship and Immigration Services website (uscis.gov).
20. Who can help me with my U.S. citizenship application, TPS application, DED application, or other immigration matter?
You should contact an experienced immigration attorney to help you with your U.S. citizenship, TPS, DED, or other immigration matters. An immigration attorney can provide assistance in filing the necessary forms, preparing for the interviews, and responding to any questions you may have about the process.