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Earlier this year, our office sent an advisory to clients, friends and community members on our email list to inform them of a scheduled increase in immigration filing fees. We encouraged anyone thinking of filing for naturalization (citizenship) in particular to file if they were eligible. We submitted many petitions and applications for our clients just before the July 30, 2007, deadline.

Because of the increase in applications, U.S. Citizenship and Immigration Services (USCIS) released an advisory stating that the tremendous increase in applications has created a backlog in their processing of fees and issuing of receipt notices.

To give perspective on the volume of cases received, USCIS reported receiving nearly 2.5 million applications and petitions, more than double the 1.2 million received in the same period last year. Of the 2.5 million applications, 1.4 million applications were for those seeking to be U.S. citizens.

Those waiting for applications to be processed will very likely experience a significant delay. USCIS is stating that naturalization applications filed after June 1, 2007, may take approximately 16 - 18 months to process. Prior to June, naturalization applications were taking only 6 to 8 months to process on average.

This backlog will need to be taken into account when applying for various “time sensitive” applications, in particular, advance parole, employment authorization (work permit) renewals and the like.

We’ll keep you posted with any updates.

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.