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Why Become a U.S. Citizen?

Some permanent residents have held their green cards for decades and for various reasons have not applied for citizenship through the process known as naturalization. One client had been wavering back and forth for about 30 years as to whether or not he should apply. When he came to meet me for his immigration consultation he brought in the various versions of the forms that changed over the decades and showed me a history of the fee increases over time. He had finally felt it was time to become a citizen after seeing how the forms had only gotten longer and the fees higher. Our office prepared his application and he is now happily a U.S. citizen.

Why do people who are eligible for citizenship, not apply?

Frequent responses include: 1) I won’t be able to own or inherit land in my home country; 2) I can’t speak English very well and I’m afraid I won’t be able to pass the citizenship exam.

These concerns though valid, aren’t necessarily a barrier. Although I can’t speak to the laws of another country, some countries have changed their laws regarding “dual citizenship”. Secondly, fear of the exam should not keep a person from applying. There are free guides that one can study to prepare for the exam. There are also waivers available for those who have a medical disability, or for those who are aged 50 and older who meet certain residency requirements. Some of these waivers could potentially excuse you from taking the English test. In some cases you may be able to take the civics portion of the exam in your native language.

Who is Eligible to Apply for Citizenship?

To be eligible to apply for citizenship, generally you must have held your green card for three years if you obtained your green card through marriage to a U.S. Citizen, or for five years if you obtained your green card through another method such as employment. Additionally, you should not have spent more than 6 months outside the U.S. for the last three years, or five years, whichever is applicable.

Assuming you are eligible, what are the benefits of U.S. citizenship?

Right to Vote

The right to vote is an important privilege that comes with citizenship. It gives you the right to participate in our government and a voice regarding the laws that are passed.

Right to Apply for Family Members to Join You in the U.S.

A green card holder can only petition for a spouse and unmarried children. A citizen however may also apply for his/her parents, married children, brothers, sisters and fiancés. Additionally, the spouse, parents and minor, unmarried children of a citizen are considered immediate relatives. There is no limit to the number of visas issued each year for immediate relatives and therefore the wait time is potentially much less for the relatives of U.S. citizens versus green card holders. For example the current approximate wait for a green card holder to sponsor his/her spouse is approximately 4 years. A U.S. citizen on the other hand, does not have to wait for visa numbers to be available and is only subject to current processing times which are much shorter.

To be Eligible for certain State and Federal Jobs

To be Eligible for Certain Public Benefits

To Enjoy Less Restrictions on Travel and Easier Re-entry

A U.S. citizen no longer needs to worry about absences from the U.S. of greater than six months. A U.S. citizen could potentially live outside the U.S. and not have to be concerned about being allowed to re-enter the U.S. even after long absences.

            To Save on Costs of Renewing Green Card

New laws require green card holders to renew their cards every 10 years. The fees have increased and may continue to do so in the years to come.

      A Criminal Record Effects Non-Citizens Very Differently from Citizens

      A green card holder who commits a crime may also be subject to deportation or removal from the U.S., however, U.S. Citizens are not subject to deportation.

      To Protect Yourself from changes in the law regarding non-citizens

      New laws can be passed that adversely affect green card holders and have a                greater impact than they would on citizens.

If you have any questions regarding this post or the naturalization
process, feel free to contact me.

The deadline to have the opportunity to apply for permanent residence under the 2009 U.S. visa lottery program is less than two weeks away on Sunday, December 2, 2007; 12 noon Eastern Standard Time (11 a.m. Central Standard Time).

The visa lottery is formally known as the Diversity Immigrant Visa Program. The U.S. government makes available up to a maximum of 55,000 diversity green cards annually. 5,000 of these visas are reserved for a visa program for certain Central American nationals, leaving 50,000 visas available to be drawn at random from a pool of applicants who meet specific criteria.

Thailand is one of the countries eligible for the program. As long as a country has not sent more than 50,000 immigrants to the U.S. in the last five years, that country’s nationals are eligible. For the Diversity Visa program in 2007, more than 5.5 million applications were received. Of that number, 82,000 applicants were notified and advanced forward in the green card process. Because not all applicants move forward in the process for various reasons, more than 50,000 applicants are selected to ensure that all visa numbers are used. Once 50,000 visas are used, the program ends. The 2007 numbers show that 81 Thai nationals were invited to apply for green cards.

In most cases your country of birth is what is taken into account, but there are some exceptions. You may be able to claim your spouse’s country of birth if you meet certain further requirements even if you on your own would not be eligible. You may also be able to claim the country of birth of one of your parents as long as that parent was not a resident of the country in which you were born.

Other Qualifications

The applicant must have:

1) A high school education or its equivalent; OR

2) Two years work experience in a job requiring at least two years of training or experience to perform.

Deadlines & Other Important Information

1) You may only submit your application electronically;

2) There is NO FEE to apply for the diversity visa (but you will have to pay the normal green card fees and diversity visa processing fee if you are selected);

3) Winners are notified by mail by the Department of State (not by e-mail);

4) Simple mistakes may disqualify you for the green card even if you are selected in the lottery. You would not want to be selected, only to find out at the green card interview that you are ineligible because of a mistake, especially after you have paid the filing fee for the green card which is non-refundable. Make sure to read all directions carefully and answer the questions accurately;

5) Even if you are selected in the lottery, in order to qualify for a green card, you must meet the normal eligibility requirements for a green card. So, if you would be barred from entering the U.S. because of a previous overstay, or you have been out of status for more than 180 days, or if you fail to meet standards for good moral character such as a having a criminal history, you may not be issued a green card even if your name is drawn in the lottery.

Fraud Warning

As stated, there is no fee to download the diversity visa application and submit your application electronically. Be careful of non-official websites that look like the official U.S. Citizenship and Immigration Services (USCIS) website, as there have been instances of fraud.

For detailed info on the visa lottery at the Department of State:
Official Visa Lottery Info

If you need any assistance or have any questions about this type of visa, please contact us.

Vida Gosrisirikul is a Thai American attorney born and raised in Chicago, Illinois. She has been in private practice for the last six years as a founding partner of The Law Office of Vida Gosrisirikul, PC and D’Souza & Gosrisirikul, Ltd. She serves as legal counsel to the Thai American Association of Illinois and the Illinois affiliate of the national Asian American Real Estate Association. Vida also served as President of the Asian American Bar Association of the Greater Chicago Area from 2001 to 2002. She has been a member of the Illinois Bar since 1997 and is admitted to practice before the United States District Court for the Northern District of Illinois. She is also fluent in Thai.

Buying your first home can be an exciting experience. It can also be a stressful experience, but it doesn’t have to be. Understanding how the process works, can help make the process a smooth one. Here are some tips and information regarding the closing process for the first-time home buyer (or a short refresher for those who haven’t bought real estate in a while).

The Offer and Acceptance

Assuming that you are working with a real estate agent or realtor, after you find a property that you like, your agent or realtor can help you write up an offer on the house or condo. Typically a buyer provides $1000.00 in earnest money to accompany the offer. An important point to remember is if you make an offer and it is accepted by the seller, you now have a binding contract, so make sure that you are actually willing to buy the property before making an offer. If you change your mind later and want to terminate the contract, you can only do so if the terms of the contract allow it, and by following the procedures that the contract provides for termination. Typically it’s best to consult a lawyer if you are thinking of terminating the contract.

Attorney Modification and Home Inspection

Typically a contract will contain a provision allowing your attorney to review the contract and make suggestions or changes to the contract by a certain deadline, usually five business days after the seller has accepted the contract. During that time, you can review the contract with your attorney and he/she can let you know of any important issues. If you do not provide the contract to the attorney before the deadline has passed, your attorney will not be able to make any changes. Typically before the deadline passes, a buyer may terminate the contract if a buyer changes his/her mind, but once again, it has to be terminated properly.

One important note regarding new construction contracts. In some cases, a buyer does not bring his/her contract to an attorney until after the attorney review deadline has passed. Typically this happens when the buyer has gone straight to the developer and signed a contract without being aware of the attorney review period. A developer may or may not allow an attorney to modify the contract, after the deadline has passed, and in some limited cases, a buyer may unknowingly waive the attorney review period. If the review period has passed, the developer is normally acting within its rights to not allow any changes. New construction contracts should particularly be reviewed by an attorney for several reasons: 1) Buying new construction often means the building does not exist. If a property is not built yet, there are more “unknowns” involved; 2) Construction, labor and permitting problems, may cause a significant delay in the building process and may greatly delay closing, which can have an adverse effect on the timing of the sale of your current property, or effect your career or family plans; 3) Tax credits need to be reviewed to make sure that buyers will be properly compensated for unbilled or undivided taxes.

For existing properties, the attorney modification period normally runs concurrently with a home inspection period. I always recommend that a buyer hire a home inspector. While some repairs and problems may be easily spotted, a home inspector has certain expertise and experience to know for example, whether electrical wiring complies with local codes or whether a roof has been surfaced properly. It is better to know before you buy a property what repairs may need to be done. The price you contracted for may not be as good if major repairs are needed. In some cases, you may ask the seller to repair the defective items, or give you a credit for the cost of the repairs.

Mortgage Contingency

Unless you are paying cash for a property, you will need to make sure you qualify for a loan. Normally, 30 to 45 days from acceptance of the contract is the time frame given to buyers to find financing. When you have a signed contract, you should provide it along with your tax returns, bank statements and other financial documents to a mortgage broker or bank who will evaluate your credit history along with your loan application and let you know the interest rate and other loan options.

Final Walkthrough

It is a good idea to take a final walkthrough the property to make sure that no changes have occurred or other repairs have arisen. You want to make sure that appliances, furnace and air conditioning are still in working order. The walkthrough is not as in-depth as the initial inspection, but is still a good idea.

Closing

The closing location and time are coordinated between the buyer’s and seller’s attorneys which if all goes according to plan, occurs on the date written in the contract. The buyer must also have his or her loan ready to fund. The closing typically takes place at a title company. The title company acts as title insurer and as escrowee. As title insurer, the title company conducts a search of the property to make sure that there are no liens on the property such as unpaid taxes or boundary issues. As escrowee, the title company also takes in all funds from the closing such as the lender’s funds and the buyer’s funds. The title company closer makes sure that all lender requirements are met and that both the buyer and seller have provided all documentation and funds to complete the transaction. The buyer’s attorney reviews the loan documents, deed and title with the buyer. If everyone has met their obligations, the closer releases the funds to the appropriate parties and the closing is completed.

The only thing left is to move in (and of course pay your mortgage and property taxes on time).

Winning the visa lottery would be the equivalent to some as winning a multi million dollar jackpot. Just with any other type of lottery though, as the saying goes, “you gotta play to win…”

Find out about how to apply for the 2009 visa lottery.

The visa lottery is formally known as the Diversity Immigrant Visa Program. The U.S. government makes available up to a maximum of 55,000 diversity green cards annually. 5000 of these visas are reserved for a visa program for certain Central American nationals, leaving 50,000 visas available to be drawn at random from a pool of applicants that meet specific criteria. The main requirements are:

Country of Origin

The applicant must be from a country with low rates of immigration to the U.S. If a country has sent more than 50,000 immigrants to the U.S. over the previous five years, that country’s nationals will not be eligible. For the 2009 Diversity Visa program for example, South Korea, Philippines, Vietnam, Brazil, Canada, China (mainland born), India, and Mexico are NOT eligible. In contrast, applicants from Thailand, Japan, Burma, Laos, Malaysia, Mongolia, Singapore, Taiwan, France, Norway, Spain, Turkey ARE eligible.

In most cases the country of birth is what is taken into account, but there are some exceptions. You may be able to claim your spouse’s country of birth if you meet certain further requirements even if you on your own would not be eligible.  You may also be able to claim the country of birth of one of your parents as long as that parent was not a resident of the country in which you were born.

Education or Work Experience

The applicant must have:

1) A high school education or its equivalent; OR

2) Two years work experience in a job requiring at least two years of training or experience to perform.

Deadlines & Other Important Information

1) Your application must be submitted no later than Sunday, December 2, 2007; 12 noon Eastern Standard Time;

2) You may only submit your application electronically;

3) There is NO fee to apply for the diversity visa (but you will have to pay the normal immigrant visa fees and diversity visa processing fee if you are selected);

4) Winners are notified by mail by the Department of State;

5) Simple mistakes may disqualify you for the green card even if you are selected in the lottery. You would not want to be selected, only to find out at the green card interview that you are ineligible because of a mistake, especially after you have paid the filing fee for the green card which is non-refundable. Make sure to read all directions carefully and answer the questions accurately;

6) Even if you are selected in the lottery, in order to qualify to get a green card, you must meet the eligibility requirements for a green card. So, if you would be barred from entering the U.S. because of a previous overstay, or you have been out of status for more than 180 days, or if you fail to meet standards for good moral character such as a criminal history, you may not be issued a green card even if your name is drawn in the lottery.

Fraud Warning

As stated, there is no fee to download the diversity visa application and submit your application electronically. Beware of non-official websites that look like the official U.S. Citizenship and Immigration Services (USCIS) website as there have been instances of fraud. The official website is at: USCIS.gov

For detailed info on the visa lottery at the Department of State:
Official Visa Lottery Info

If you need any assistance or have any questions about this type of visa, please contact us.

The nonimmigrant classifications and visa categories are often referred to as an “alphabet soup”. For example visitor visas are known as “B” visas, fiance(e) visas are known as K1 visas, and temporary workers in specialty occupations are known as H1B visas. But there many types of visas that may not be as well known which may be a viable option for those that qualify. Below is a list of nonimmigrant classifications.

Info from USCIS.gov

This is the launch of my first blog on my new website www.vidagolaw.com. I’m looking forward to posting helpful tips, new changes in the law and general community information. I hope that you will find something of interest.