Tag Archive Immigration

ByPhillip Kim

Tips for Passing the Naturalization Test


Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim

Evangelicals Support Immigration Reform


As representatives are on their August recess, Evangelical advocates for immigration reform are making their voices heard. To read more about immigration reform, read Erin Kelly’s article below:

Evangelical group to back immigration reform

A coalition of evangelical Christians will spend more than $400,000 on radio ads urging members of Congress to support immigration reform that includes a path to citizenship for most of the 11 million undocumented immigrants living in the United States.

The ads, which will run mainly on Christian radio stations this month, are aimed at spurring evangelicals to lobby their lawmakers to support reform. The ad buy is the largest to date by the Evangelical Immigration Table, which has spent nearly $1 million since its founding 14 months ago

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ByPhillip Kim

How to Get a Green Card as a Relative of a U.S. Citizen

There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Remember to keep in mind that your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

ByPhillip Kim

Discharge Petition Proposed for Immigration Reform

As immigration reform continue to face hurdles, some propose the idea of passing the bill through discharge petition. To read more about immigration reform, read Alex Altman’s article below:

Can a Dusty Legislative Gambit Revive Immigration Reform?

The majority of voters want it. A broad bipartisan coalition pushed hard to enact it. The timing seemed propitious after the 2012 election. But all the economic arguments, policy papers and polling data marshaled by supporters cannot convince the Republicans who control the House. The best shot in a generation at rewriting U.S. immigration law looks destined to die with a whimper.

And yet there may still be a way to resuscitate reform efforts and force a vote on a path to citizenship. It involves a rarely used parliamentary tactic known as a discharge petition.

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ByPhillip Kim

McCain Backs Immigration Reform

Senator John McCain shows his support for immigration reform and says the U.S. must act to finally move past this issue. To read more about how McCain is advocating for immigration reform, read Dan Nowicki’s article below:

McCain: Backing immigration reform sends right message

Arizona’s Capitol Hill delegation could send an “important” message that the state has moved past immigration controversies by unanimously backing a comprehensive border-reform package, Sen. John McCain said Monday.

Speaking at an Arizona Chamber of Commerce roundtable meeting, McCain, R-Ariz., sought to rally allies in the business community to get involved and “in a respectful fashion” emphasize to the state’s Republican U.S. House members how important immigration reform is to the economy. With Congress currently home from Washington on a five-week break, the time to make the case for immigration reform is now, he said.

“We need to get this issue done, and behind us,” McCain said. “And especially, I might say, in the state of Arizona, which has faced so much controversy and so much publicity, that it would be great if we saw the entire Arizona delegation support this comprehensive immigration reform.”

McCain, the primary Republican negotiator of a sweeping bipartisan immigration system overhaul that the Senate passed in late June, met with several groups Monday as part of a one-man push to motivate Arizona business and religious leaders to help persuade the state’s U.S. House delegation to support the effort, which would include a pathway to citizenship for many of the estimated 11 million undocumented immigrants already settled in the country as well as a massive border-security investment, workplace-enforcement measures and new visa programs for foreign workers.

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ByPhillip Kim

Getting U.S. Citizenship Through Naturalization

U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

ByPhillip Kim

Applying for Refugee and Asylum Status

A refugee is someone persecuted in his or her home country due to race, religion, war, nationality, or political affiliation. Obtaining refugee status in the United States is a form of protection for refugees who are not allowed or unwilling to return to their home country because of fear or social harm. In order to qualify for the refugee status, the applicant must be from outside the U.S.

To qualify for an asylum status, the applicant must meet the definition of a refugee, be present in the U.S., and seek admission at a port of entry, according to the U.S. Citizenship and Immigration Services.
One can apply for asylum regardless of the background of your country and immigration status.

ByPhillip Kim

Advocacy for Immigration Reform During August Recess


As representatives are on their August recess, advocates for immigration reform from all districts are making their voices heard. To read more about immigration reform, read Julie Chavez Rodriguez’s article below:

Bipartisan Support for Immigration Reform Mounts During August Recess

As members of Congress go home to their districts for the August recess, they are hearing directly from Americans of all political stripes who are calling for a vote on commonsense immigration reform. In hundreds of town hall meetings, business roundtables, vigils, pilgrimages and rallies across the country, supporters of immigration reform including evangelicals, business owners, labor and law enforcement leaders, are asking their representatives to pass legislation to fix our broken immigration system as soon as they return to Washington in September.

Pro-reform supporters are making waves across the country as they continue to build momentum for immigration reform. The broad coalition of constituents who support reform is stronger and more bipartisan than ever. They have a clear message: Congress must work to fix our immigration system as soon as members return to the Capitol this fall.

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ByPhillip Kim

H-1B Petition for Specialized Nurses


The H-1B nonimmigrant worker petition for nurses with specialized RN occupations will be approved if certain requirements are met. To be qualified, one must submit proof of education in the specialty occupation and evidence that the immigrant’s education and experience are equal to the required U.S. degree.

To be a licensed RN, one must graduate from an approved nursing program, which includes a two-year associate degree in nursing, and pass the National Council Licensure Examination for Registered Nurses. To determine degree equivalencies, it is required for applicants to have three years of specialized training or work experience for each year of college-level training needed.

The H-1B applicant may be eligible if he or she is a clinical nurse specialist, certified registered nurse anesthetist, certified nurse-midwife, or certified nurse practitioner. Other nursing vocations such as upper-level nurse managers in hospital administration may also be eligible since it would generally require graduate level education.

In general, it would be difficult for a general RN position to qualify for H-1B; however, the state of North Dakota requires a person to have a BSN in order to be licensed as an RN. Therefore, the prerequisite in North Dakota would qualify them for the H-1B position.

Affidavits of independent experts may be acquired to indicate that the nature of one’s nursing occupation is highly specialized and requires advanced knowledge. Further questions regarding the qualifications of an H-1B petition for specialized nurses can be directed to the Office of Adjudications.

ByPhillip Kim

Latinos Continue Immigration Reform Advocacy

While the decision of immigration reform is still up in the air, Latino Republicans continue working towards the immigration issue. To read more about immigration reform, please read Sandra Lilley’s article below:

For Years, Latino Republican Negotiates on Immigration Reform

While the momentum around possible immigration reform legislation in the House has focused on the last few months, one Latino Republican has been working on the issue on Capitol Hill for about a decade. Cesar Gonzalez, chief of Staff to Florida Republican Congressman Mario Diaz-Balart, is one of a very small group of senior legislative aides who has been sifting through the complexity of immigration laws to try to reach agreement across the aisle. His boss, Rep. Diaz-Balart, is part of a group of 7 trying to craft bipartisan legislation in the House.

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