Apply for US citizenship now may save you money

11/22/07 Update -

The Dept of Homeland Security (DHS) failed to prepare for a massive influx of applications for U.S. citizenship and other immigration benefits this summer, prompting complaints that several hundred thousand people likely will not be granted citizenship in time to cast ballots in the 2008 presidential election.

This summer, immigrants rushed to beat drastic fee increases for naturalization, legal residency, work permits, international adoptions and a host of other immigration benefits.

Citizenship cases typically took about seven months to complete. Now, immigration officials can take five months or more just to acknowledge receipt of applications from parts of the country and will take 16 to 18 months on average to process applications filed after June 1.

Such a timeline would push many prospective citizens well past voter-registration deadlines for the 2008 primaries and the general elections.

Earlier this year I reported -

If you have your green card for 5 years or more (3 years or more for someone married to U.S. citizen), it is time to become an U.S. citizen!

You'll save $275 before July 30.

Remember, by becoming an U.S. citizen, you'll save more in long run. For example, you don't have to renew your green card every ten years.

Finally, if you need a proof of U.S. citizenship for any reasons; you'll save time & money by applying for a U.S. Passport ($97 and 10 - 12 weeks) instead.

Starting July 30 2007

- The fee for Naturalization (N-400) increases from $400 to $675.

- The fee to renew or replace Permanent Residence Card (I-90) increases from $260 to $370.

- The fee to apply for Certificate of Citizenship (N-600) increases from $255 to $460.

OSC

The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is a federal government agency that you may not heard of. It is in the U.S. Justice Department's Civil Rights Division.

It protects U.S. citizens and individuals from

employment discrimination based upon citizenship or immigration status and national origin,

unfair documentary practices when verifying the employment eligibility of employees (Form I-9), and retaliation.

OSC's telephone intervention program is an innovative form of alternative dispute resolution which can resolve potential immigration-related employment disputes within hours or minutes.

Employer Hotline: 1-800-255-8155

Worker Hotline: 1-800-255-7688

Redesigned Naturalization Test

The following guidelines will determine whether naturalization applicants will take the current test or the redesigned version:

If an applicant:

Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview BEFORE October 1, 2008, he or she will take the current test.

Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview AFTER October 1, 2008, he or she can choose to take the current test or the redesigned version.

Applies AFTER October 1, 2008, he or she will take the redesigned version.

Is scheduled for his or her naturalization interview AFTER October 1, 2009, regardless of when he or she applied, he or she will take the redesigned version.

You can find the current test here and redesigned version here.

Getting passports for my family

09/08/07 - My son got his birth certificate back today.

09/07/07 - I got my old passport back today. My daughters also got their birth certificate back too.

09/04/07 - I got my passport today. I sent in my renewal application on 8/2/07 (see below).

09/01/07 - My daughters received their passport today. They also applied at the post office on 8/4/07 (see below).

08/31/07 - My son received his passport today. He applied at the post office on 8/4/07 (see below).

08/09/2007 - We are able to check on the status at travel.state.gov


Mine

- My passport was expired last year; however, I was still able to use the application form DS-82 to renew the passport by mail.
- I gotten my set of picture at the town hall that cost me $10 - no line.
- The fee to Department of State is $67.
- I mailed the application on 8/2/07 by Priority Mail.

My children's

- They have to apply in person, and both parents required to sign the application DS-11 in person too.
- They applied at the post office on 8/4/07. That post office had a Passport Day that was conveniently held on the Saturday - long line.
- The fees are follow

	Under 16 year old	16 year old or older
Passport processing fee to State Dept	$52	$67
Application execution fee at post office	$30	$30
The pictures at post office	$10	$10
Total	$92	$107

FAQ

- We were told that passports will be mail to us in 15 weeks.
- In 3 weeks, we can check the status and print the proof of passport application at travel.state.gov.
- More FAQ on passport.

Citizenship by birth for foreign-born child

The U.S. law on citizenship by birth incorporates two traditional legal principles:

Jus soli ("right of the soil") - under which citizenship results from being born in the U.S.

jus sanguinis ("right of the blood") - under which citizenship results from having an American parent or parents.

Each of these principles is subject to certain restrictions. For example, children born in the U.S. to foreign diplomats are not U.S. citizens. Also, children born abroad to parents who have U.S. citizenship but have never lived in the U.S. are not U.S. citizens (this rule being designed to prevent the proliferation of endless generations of foreign-born and -raised "Americans").

Section 301 of the INA [8 USC § 1401] defines the following classes of people as having U.S. citizenship from the time of birth:

* Anyone born in the U.S. and subject to its jurisdiction (basically meaning anyone other than a child of foreign government representatives with diplomatic immunity);

* Indians (Native Americans) and other aboriginal people born in the U.S.;

* Anyone born outside the U.S., if at least one parent is a U.S. citizen and certain residency or physical presence requirements were fulfilled by the citizen parent or parents prior to the child's birth;

* Anyone who is found in the U.S. while under five years of age, whose parents cannot be identified, and who is not shown prior to his or her 21st birthday to have been born outside the U.S.

The only part of this section that is mandated by the 14th Amendment is the part giving citizenship to anyone born in the U.S. and subject to its jurisdiction. The Supreme Court, in Rogers v. Bellei, held that the citizenship status of a person born outside the U.S. to an American parent is not constitutionally protected.

Under certain conditions, children born outside the U.S. may have U.S. citizenship by birth.

This depends on whether one or both parents have U.S. citizenship, how long (if at all) the American parent(s) lived in the U.S. prior to the child's birth, and whether the parents were married to each other or not.

Under the current law, if both parents are U.S. citizens and are married, then the child is a U.S. citizen if either parent had a "residence" in the U.S. at any time in his or her life prior to the child's birth.

It appears that physical presence in the U.S. for at least one year (even if it was as an infant) is considered sufficient to establish that a parent had a "residence" in the U.S. for purposes of transmitting citizenship.

If one parent is a U.S. citizen, and the other is not, and the parents are married, then the current law says the child is a U.S. citizen if the American parent was physically present in the U.S. for one or more periods of time totaling at least 5 years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the U.S., but who left before reaching age 16 and never returned, doesn't meet the requirement.
Note that physical presence does not require residence in the U.S.. Time spent on vacation in the U.S. may be counted toward the five-year total.

If a foreign-born child's parents are not married, the child's claim to U.S. citizenship depends on whether the American parent is the mother or the father.

Section 309 of the INA [8 USC § 1409] grants U.S. citizenship at birth to an "illegitimate" child if his/her American mother had previously spent at least one continuous full year in the U.S.

If the child's American parent is his/her father, however, the child has U.S. citizenship at birth only if the father's paternity is formally established and the father agrees in writing to support the child financially. This sex-based disparity was upheld by the Supreme Court in 2001 (Nguyen v. INS).

It is important to note that a foreign-born child whose parents have fulfilled the residency or physical presence requirements is a U.S. citizen by birth. This citizenship is automatic.

Child Citizenship Act program update

My comments

If your child becomes U.S. citizen per the Child Citizenship Act and needs a proof, apply for a passport instead of the Certificates of Citizenship.

Passport is more useful, cheaper, and faster than the Certificates of Citizenship.

The USCIS has reengineered its processing in order to streamline the production of Certificates of Citizenship for certain children adopted abroad. Streamlined processes have been developed for newly entering IR-3 children who are automatically U.S. Citizens when they arrive.

These newly entering IR-3 children will receive Certificates of Citizenship within 45 days of their arrival instead of receiving a Permanent Resident Card and then filing the N-600 for a Certificate.

Background

The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:

* Orphans with a full and final adoption abroad or adoption finalized in the U.S.,

* Biological or legitimated children,

* Certain children born out of wedlock to a mother who naturalizes, and

* Adopted children meeting the two-year custody requirement.

This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.

In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law.

Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

Frequently Asked Questions about the CCA

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

* At least one adoptive parent is a U.S. citizen,

* The child is under 18 years of age,

* If the child is adopted, a full and final adoption of the child, and

* The child is admitted to the United States as an immigrant

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child's citizenship status is no longer dependent on USCIS approving a naturalization application.

3) What documentation can I get of my child's citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child's citizenship by applying for a Certificate of Citizenship. You will need to file form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. passport from the Department of State.

If your child permanently resides abroad, your child does not qualify for automatic citizenship under the CCA. However, you can apply for citizenship for your child by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). You can submit this form to any USCIS District Office or Sub-Office in the United States.

4) Will USCIS automatically provide me with documentation of my child's citizenship?

At the present time, USCIS is not able to automatically provide most parents with documentation of their foreign-born child's citizenship.

However, USCIS has implemented a streamlined process for newly entering IR-3 children and their families that will ensure they receive a Certificate of Citizenship within 45 days of entering the United States.

Additionally, USCIS has implemented procedures to expedite processing of pending N-643 cases. If you previously filed an N-643 application and have not received your child's Certificate of Citizenship please contact the National Customer Service Center at 1-800-375-5283. Please have the following information when you call: your child's A-number and the location and date you filed the application.

5) What forms do I file and what are the fees?

If your child permanently resides in the U.S., you can apply for evidence of citizenship by filing form N-600 (Application for Certificate of Citizenship). If you are filing on behalf of an adopted minor child, the fee is $215 (all other applicants must pay $255).

If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322). If you are filing on behalf of an adopted minor child, the fee is $215 (all other applicants must pay $255).

6) Where should I file the forms?

If your child permanently resides in the U.S., you can file form N-600 (Application for Certificate of Citizenship) at the USCIS District Office or Sub-Office that that holds jurisdiction over your permanent residence.

If your child permanently resides abroad, you can apply for citizenship by filing form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322; providing for citizenship through an application process for biological andadopted children who regularly reside outside ofthe United States and meet certain conditions while under the age of 18 years) at any USCIS District Office or Sub-Office in the United States. You and your child will need to travel to the United States to complete the application process.

6a) I am filing for a child who lives abroad. How do I know if I need to file the Form N-600/N-643, Supplement A?

Under the Child Citizenship Act, the U.S. citizen parent of certain child living abroad must have five years of physical presence in the United States or its outlying possessions with at least two years occurring after age 14, in order to apply for citizenship on behalf of the child. If you cannot meet this requirement, the law allows you to rely on the physical presence of your citizen parent to apply for citizenship. If you are relying on the physical presence of your U.S. citizen parent, you must file the Form N-600/N-643, Supplement A.

7) Is automatic citizenship provided for those who are 18 years of age or older?

No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Child Citizenship Act of 2000

My comments:

When you're naturalize to become U.S. citizen, you'll turn in your permanent resident card to Federal officials.

Your child automatically becomes U.S. citizen when you naturalized. However, do not turn in your child''s permanent resident card; it is needed when you're applying an U.S. passport for your child.

Overview

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically.

These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;

* Be under 18 years of age;

* Live in the legal and physical custody of the American citizen parent; and

* Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001.

Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child''s passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.

Must the Child Get a Certificate of Citizenship?

You do not have to apply for a certificate of citizenship for your child.

How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:

* Proof of the child''s relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

* The child''s foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child''s permanent resident card (green card);

* Proof of identity of the American citizen parent(s)

* Passport application, passport photographs and fees.

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired citizenship at birth can get a birth certificate from an embassy or consulate.

What Are the Other Provisions of the Child Citizenship Act?

Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a certificate of citizenship if the following conditions are met.

* At least one parent of the child is an American citizen by birth or naturalization.

* The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child''s American citizen grandparents can meet it.

* The child is under the age of 18.

* The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) and go through the naturalization process.

Get your passport soon

The Bush administration announced 20 June 2007 that it will delay new passport requirements for Americans who enter the country by land or sea from Canada, Mexico and the Caribbean.

The rules were supposed to take effect next January, but the administration says passports will not be required until later in 2008. Instead, beginning Jan. 31, 2008, Americans will have to show a government-issued photo ID and a birth certificate, or other proof of citizenship, when they cross the border.

Still, how long will you wait for a passport?

Normally, the wait time is six weeks. Now, count on ten weeks.

If you're in a time crunch, pay for expedited service from the State Department -- an extra $60 on top of the standard $97 application or $67 renewal fee. Then add overnight delivery charges -- both ways -- to one of the government's processing centers.

If you're leaving within two weeks, call 877-487-2778 for an appointment at one of 15 regional passport offices. Be prepared to show your tickets or itinerary. Your congressional office may be able to help. Or you can hire a professional expediter -- find one at http://www.napvs.org/. For fees ranging from about $80 to $200 (on top of the other charges), they'll rush your passport through.

Why volunteering for CASH

CASH is an IRS Volunteer Income Tax Assistance (VITA) program in Rochester, New York.

In this nationally recognized program, the volunteers assisting low income taxpayers to prepare and e-file their tax returns free. The volunteers are trained & certified by IRS.

Five good reasons ...

5. You will give something back to the community.

4. You will help to increase the tax law compliance in the community - taxpayers paying their fair share of taxes (not a dollar more or less than they are obligate to pay).

3. Saves taxpayers some money (~ $100 to $200, see below for an example) on getting their tax returns done.

2. Helps low income taxpayers to avoid the Refund Anticipation Loan which many people considered as a form of predatory lending. CASH program does not offer any RAL.

1. You could also get your own (federal and state) returns done for free!


Here is an example for a single mother (with a child and a W-2) getting her tax returns done at H.

Form 1040A	$59
Form W-2	$2.25
Dependent	$10.75
Head of Household Filing Status	$10.75
Head of Household Worksheet	$5
Child Tax Credit Worksheet	$30.75
Form 8812 Child Tax Credit	$11
EIC	$17.50
EIC Worksheet	$3
8867 EIC Checklist	$2.75
Phone Excise Tax	$3
State Return	$28.50
Total Fees	$184.25