DHS Grants U.S. Citizenship to 779,929 in Year 2013
The Department of Homeland Security (DHS) recently released its Annual Flow Report, announcing that 779,929 people were granted U.S. citizenship last year. The most common countries of origin for those who naturalized were Mexico (99,385), India (49,897), the Philippines (43,489), the Dominican Republic (39,590), and the People’s Republic of China (35,387). Popular destinations for new citizens were California (164,792), New York (107,330), and Florida (101,773).
The total number granted citizenship each year has increased from an average of less than 120,000 in the 1950s and 1960s, to more than 200,000 during the 1980s, to 500,000 in the 1990s, to over 700,000 in the 2000s and today.
Prior to the 1970s, a majority of people who naturalized originally hailed from European countries. During that decade a shift occurred leading to Asia becoming the new leading region of origin for new U.S. citizens.That trend has continued to today.
You can read the entire DHS report at:
http://www.dhs.gov/sites/default/files/publications/ois_natz_fr_2013.pdf
Ellis Island: The Gateway for Our Ancestors
Just in time for the celebration of our nation's Independence Day, I was able to visit Ellis Island in New York for the first time. Exploring the Ellis Island Immigration Museum, which is located in the building where more than 12 million immigrants were first processed upon arrival to the United States from 1892 to 1924, was a humbling experience. I will not soon forget it.
In those days, Ellis Island served as the chief gateway for our nation's immigrants. Immigration was primarily driven by economics, and most immigrants arrived from Europe on crowded ships expecting to find work and fulfill the American dream. Today more than 100 million Americans can trace their ancestry to relatives who passed through the island.
Many of the policies first created for Ellis Island exist to this day in some form. Potential immigrants continue to be excluded on the basis of certain health issues, criminal history, and likelihood of becoming a "public charge" - becoming dependent on our government for financial support. Today a U.S. citizen or lawful permanent resident "sponsor" is required for most intending immigrants. The sponsor must agree to support the intending immigrant for a certain time period at a level of 125% of the federal poverty guidelines. Back in the early days of immigration through Ellis Island, immigrants were simply required to have at least $25 in their possession upon arrival to avoid a finding that they may become a public charge. It is reported that many immigration officers did not bother to verify that an immigrant actually had the money, but took his word for it.
One policy that (thankfully) is no longer in place required all women immigrating through Ellis Island to be accompanied by a close male relative - generally a husband, father, or brother. An unaccompanied woman was either returned to her home country, held on the island until a male relative could come and collect her, or married right on the island, before she could be released. The island turned into a very popular location for marriage proposals and makeshift weddings!
San Francisco Police Policy Not to Enforce Immigration Laws
Did you know that the San Francisco Police Department has an official policy on the books since 1995 to
not
enforce immigration laws?
The purpose of the policy is to encourage everyone, regardless of immigration status, to report crimes and assist the police. It also complies with the City and County of San Francisco's Sanctuary Ordinance.
In 1989, San Francisco passed the "City and County of Refuge" Ordinance (also known as the Sanctuary Ordinance) which prohibits any City employee from helping Immigration and Customs Enforcement (ICE) with immigration investigations or arrests unless such help is required by federal or state law or a warrant. This ordinance was reaffirmed in February of 2007, when the mayor called on all departments to develop new protocols and training.
What does that mean for the police department? It means the police can not ask you about your immigration status. They can not detain you solely based on suspected violations of immigration laws. They can not provide backup to an immigration officer unless the officer is in significant danger, such as if firearms are involved. The San Francisco Police Department can not release information,
or even threaten to release information
, to immigration officers except in severe felony or drug-related offenses.
Perhaps most importantly, the police can not release information about your identity or suspected immigration status to immigration for arrests or convictions relating to public demonstrations, such as a failure to disperse or obey an officer.
You can find the official SF Police Department Policy at:
http://www.sf-police.org/modules/ShowDocument.aspx?documentid=14776
You can find out more about the SF Sanctuary Ordinance at:
Time to renew your Deferred Action for Childhood Arrivals (DACA)
On June 5th, U.S. Citizenship and Immigration Services (USCIS) announced the process for renewing an application for Deferred Action for Childhood Arrivals (DACA).
If you have been granted DACA status, then you will be eligible to renew it unless you have engaged in certain criminal activity, departed the country without the government's permission, or have stopped residing in the United States. Criminal activity that would make you ineligible includes a conviction for a felony, a significant misdemeanor, or three or more non-significant misdemeanors. You do
not
need to be currently enrolled in school in order to qualify to renew. You also can not be too old to qualify.
In general, to renew your application you should submit to USCIS a shorter version of the original DACA application, an application for work authorization, and a check for $465:
In certain cases supporting documentation is also required. It is important to speak with your attorney to ensure that you are eligible to renew and that you submit the correct paperwork.
Renewal will be granted for a two year period. If your renewal is granted, you will not be deported and will continue to have work authorization during that time. You will also continue to have a social security number, as well as a driver's license if your state allows it.
Remember it is best to submit your application to renew 4-5 months in advance of the expiration date of your current DACA status. This is to avoid a delay due to long processing times. It means that you should begin the renewal process of speaking with your attorney and gathering documents about 6 months in advance of the expiration date of your current DACA status.
You can find more information at:
http://www.uscis.gov/news/secretary-johnson-announces-process-daca-renewal
Are You Distinguished in the Arts?
If so, you may qualify for an O-1B visa.
An O-1B visa is a nonimmigrant visa that allows a foreign national to reside and work in the United States for a period of up to three years. O-1B visa renewal is easy and unlimited, and some visa holders eventually qualify to apply for a green card through the EB-1 process.
A person in the arts, such as a musician, writer, painter or even a chef, must show that they are prominent in their field. To do so, they must provide evidence that they possess skill and recognition substantially above that normally encountered.
A United States Citizenship and Immigration Services (USCIS) officer is not qualified to determine whether a particular person is actually good at what they do. Therefore, the officer looks at evidence of that person’s professional reputation.
When evaluating an O-1B application, an officer must find that at least three of eight identified elements have been established. Some of those elements are expert opinion letters, awards or honors received, media coverage and participation in important events or projects.
The detriment is that USCIS has an enormous amount of discretion in adjudicating these visas. Therefore, it is critical to work with an experienced immigration attorney on these visas.
If you'd like to know more, contact us at TheTeam@huwelaw.com.
