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If you wish to naturalize and become a US citizen, but you are struggling with the English language and civics requirement, you may be eligible for a waiver of the English eligibility requirement. DHS will waive the English requirement if you can document a medical or psychological reason for being unable to complete the test. Also, if you are over the age of fifty and have lived in the United States for twenty years or over the age of fifty five and have lived in the United States for fifteen years as a Legal Permanent Resident, when taking your civics knowledge test, you are able to have ten out of twenty five civics questions in your native language and required to answer only six correctly.
Medical Disability Waivers generally are for persons who are physically or developmentally disabled or have a mental impairment are exempt from the English language and history and government requirements.
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REMINDER: IF YOU BRING CHILDREN TO YOUR APPOINTMENT, YOU MAY BE ASKED TO RESCHEDULE YOUR APPOINTMENT UPON ARRIVAL. WE ASK TO HAVE THE FULL ATTENTION OF CLIENTS WITHOUT THE POSSIBILITY OF DISTRACTION. PLEASE MAKE CHILD CARE ARRANGEMENTS AHEAD OF APPOINTMENT.
The MacKenzie Law Firm
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USCIS REDESIGNS EAD and GREEN CARDS
On May 1, 2017 USCIS started issuing newly designed Employment Authorization Documents (EAD) and Permanent Resident Cards, also known as Green Cards.
The new design includes the following:
- Individuals photos on both sides
- EAD will have a bald eagle image and will be predominately red
- Green Cards will have an image of the Statue of Liberty and will be predominately green
- Embedded holographic images
- No longer will display the individuals signatures
Please be aware that even after May 1 USCIS may still issue documents in the old formats because they have to use the old materials at hand first to produce documents.
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Asylum Applicants:
Waiting Period (I-589):
The latest scheduling bulletin from the Arlington, VA, Asylum Office (which has jurisdiction over North Carolina) states that they are currently interviewing affirmative asylum applicants who filed their completed applications in the first quarter of 2014. Applicants are scheduled for interviews in the order their applications were received, older-newer applications. While the waiting periods are subject to change based on USCIS resources and application numbers, it is currently estimated that anyone who filed in 2015 should have their interview scheduled in 2018.
USCIS prioritizes applications in the following order:
1.) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
2.) Applications filed by children; and
3.) All other pending affirmative asylum applications in the order they were received, with oldest cases scheduled first.
Work Permit:
Due to long waiting period for asylum applications, an applicant can file for a work permit once 150 days have passed since USCIS received their completed application, provided that the applicant didn’t do anything to delay processing of their application: rescheduling any interviews or biometrics appointments etc. It usually takes at least another 30 days for USCIS to approve the Employment Authorization Document (work permit).
Advance Parole Travel Document:
All current asylum applicants who are planning to leave the U.S. in case of an emergency should contact our office and set up an appointment to talk about advance parole.
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Deferred Action Recipients:
Deferred Action recipients can file renewals up to five months prior to expiry. Our office highly recommends that renewals be filed as close as possible to the five month mark or there is a chance there will be a lapse in legal status.
Currently it is taking between two to six months for USCIS to process Deferred Action renewals. With initial Deferred Action applications, it is taking an estimated eight months for USCIS to process the case.
If you have Deferred Action and are married to a USC/LPR, please schedule an appointment with our office to discuss Advance Parole.
I-601A Waiver of Unlawful Presence:
Applicants from Honduras are now required to obtain a new birth certificate from Honduras and a Hoja de Antecedentes Policiales (certified criminal background check) at the DNIC Headquarters located in Comayaguela. Honduras has recently updated their government issued documents and USCIS is now requiring applicants to obtain those new documents and submit them with their case.
Applicants from Mexico who lived in Mexico after age eighteen are now required to obtain a police record (Certificado de No Antecedents Penales) from the state police. If the record is unavailable, a police record from Direccion de General de Ejecucian de Sanciones from the Comision de Nacional Seguridad. You will present these certificates at the Immigrant Visa interview.
According to the current processing time, it is taking USCIS between eight to ten months to process the I-601A applications.
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Pathway to Residency:
Under the Violence Against Women Act (VAWA) battered immigrant women may be eligible for two types of immigration relief; a VAWA Self Petition and a VAWA cancellation of removal (suspension of deportation.) Both applications can lead to Lawful Permanent Residency. In order to be eligible for VAWA, one must be an abused spouse, former spouse, or the abused child of an United States Citizen or Lawful Permanent Resident. One can also file if their United States Citizen or Lawful Permanent Resident spouse has abused their child, even if the parent of the child has not been the victim of abuse.
Currently, it is taking at least one year for USCIS to process VAWA immigrant petitions. If you believe that you or your children have been the victim of physical or cruel emotional abuse please call our office and schedule an appointment to discuss VAWA.
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Naturalization & Citizenship:
When applying for citizenship, if you are/were a male in the United States between the ages of 18-25, you must show proof for selective service. If you did not apply for selective service, we must show proof as to why you did not.
The processing times for Citizenship are longer now. Cases are taking closer to 9 months before you receive your interview. This process requires three trips to the immigration office nearest your location.
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Internationally Recognized Athlete P-1 Visa
The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete or coach, individually or as part of a group or team, at an internationally recognized level of performance.
Individual Athletes Eligibility Criteria
You must be coming to the United States to participate in individual event, competition or performance in which you are internationally recognized with a high level of achievement; evidenced by a degree or skill.
Athletic Teams Eligibility Criteria
You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team participates must be distinguished and require the participation of athletic teams of international recognition.
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Processing Times (Based on MLF recent case approvals)
Currently, immigrant cases are taking two to three months longer than last year at this time. There is nothing wrong with the cases. Immigration has an abundance of application requests, and it is taking them time to get through them all.
- It now takes up to 30 days to receive receipt notices.
- Bio-metrics take a month and a half up to two (2) months to process
- Interviews could take up to six (6) months to be scheduled from date of filing to swearing in.
- Naturalization: 6 - 8 months
- I-130 Family Petitions:
- Spouse - 6 - 8 months
- Child - 9 months
- Brother/Sister - 6 - 8 months
- DACA
- Renewal - 2 - 6 months
- First Time - 8 months
- Advance Parole Travel Doc - 6 - 9 months
- Adjustment of Status to lawful permanent resident: 6 - 8 months
- DS 260 Consular Processing: 2 - 3 months
- 601A Waivers: 8 - 10 months
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