The New Naturalization Test: Questions and Answers from the CIS Ombudsman’s E-mails
1. The new test indicates that people who live in the US for
20 or more years and who are 70 or older are eligible to take the
naturalization test with 20 questions in lieu of 100. Our question is:
In what language? English or native language.
Response from USCIS: The new naturalization test did not change the
regulations that allow exemptions for testing based on age and time as
a permanent resident.
An applicant qualifies to take a modified civics test if on the date
of filing the application, the applicant was 65 years old and has been
a lawful permanent resident for at least 20 years. If this exception
applies, the applicant will be administered a simpler version of the
civics examination in the applicant’s language of choice. This modified
civics test is a sample of 20 civics questions from the list of 100.
The sample civics questions have been identified for applicants qualifying under this exception and will soon be announced.
2. After October 1, 2008 when the new test becomes
effective, will the current rule “English Exemption for people 55 or
older and resident in the US for 15 or more years” be still applicable?
Response from USCIS: Currently the people who meet these
requirements are eligible to take the naturalization test in their
native language. The new naturalization test did not change the
regulations that allow exemptions for testing based on age and time as
a permanent resident.
The English language requirement may be waived for an applicant who
on the date of filing the application, was over 50 years old and has
been lawful permanent resident for at least 20 years, or was over 55
years old and has been a lawful permanent resident for at least 15
years. If either exception applies, the applicant may take the civics
examination in the applicant’s language of choice.
Further, an applicant qualifies to take a modified civics test if on
the date of filing the application, the applicant was 65 years old and
has been a lawful permanent resident for at least 20 years. If this
exception applies, the applicant will be administered a simpler version
of the civics examination in the applicant’s language of choice. This
modified civics test is a sample of 20 civics questions from the list
of 100. The sample civics questions have been identified for applicants
qualifying under this exception and will soon be announced.
If applicants qualify for a waiver of the English proficiency
requirement, they must bring an interpreter to their naturalization
interview.
3. The new test has a list of reading vocabulary and
a list of writing vocabulary. Please explain how the reading and
writing test will be administered? Will the applicants be required to
make sentences using the vocabulary on the list?
Response from USCIS: The format for the reading portion of the
redesigned English test is similar to the current test. Applicants
will be provided with up to three chances to correctly read a sentence
in English. USCIS has released a vocabulary list containing all of the
words found in the redesigned test items. The content items for the
reading portion focus on civics and history topics.
The format for the writing portion of the redesigned writing test is
also similar to the current test. Applicants will be provided with up
to three chances to correctly write a sentence dictated by the
adjudications officer in English. USCIS has released a vocabulary list
containing all the words found in the redesigned writing test. The
content items for the writing portion also focus on civics and history
topics.
USCIS has posted the reading and writing vocabulary for the new test on http://www.uscis.gov/newtest.
USCIS burdens computer consulting companies
Via IndiaPost.com
“Recently, the USCIS started issuing a slew of Requests for Evidence (“RFEs”), specifically targeting computer consulting companies, even companies that are well established. RFEs are issued after an employer files an H-1B petition on behalf of a foreign employee.
These lengthy and detailed RFEs, some 4 to 5 pages long, are issued where a new employer files either a new H-1B petition or an H-1B extension or where the same employer requests continuation of previously approved employment without change in employer.
The RFEs have become a source of confusion and frustration for Petitioners and immigration practitioners alike who are unable to comprehend why the submitted documentation is not sufficiently persuasive on a particular issue. “
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USCIS H-1B Benefit Fraud & Compliance Assessment
BACKGROUND: The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
<A href="/files/4941-4844/uscis_h1b_audit_report.pdf”>View Report
Feds say Wash. immigration guards weren’t checked
VIA AP
By GENE JOHNSON
SEATTLE (AP) — A privately run immigration lockup in Tacoma hired security guards without required preliminary background checks and then lied about it, according to authorities.
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USCIS FAQ on Intercountry Adoptions
On 9/29/08 USCIS released FAQs on the intercountry adoption process since the implementation of the Hague Adoption Convention on 4/1/08.
<A href="/files/4941-4844/INTER_ADOPTIONS.pdf”>READ USCIS FAQ
Congress Passes Military Personnel Citizenship Processing Act (S. 2840)
Via AILA.org
On 09/28/08, the House passed the Military Personnel Citizenship Processing Act (S. 2840) by a 416-0 vote.
The measure, introduced by Sen. Schumer (D-NY), would require that USCIS process and issue a citizenship decision within six months of receiving an application from a current or former member of the armed forces, or their surviving dependents. If a decision is not made within that time frame, USCIS would be required to explain the delay and provide a new decision target date.
The bill would also establish an FBI liaison office inside USCIS and processing deadlines for other naturalization applications.
The Senate passed the measure by voice vote on 09/24/08, and it now heads to the president for final approval.
Could you pass the new citizenship test?
VIA CNN.com
Story Highlights
McCain hits Obama over immigration ad
Via Boston.com
“John McCain’s campaign is going after Barack Obama for a
Spanish-language TV ad that appears to misleadingly link McCain to
comments made by conservative radio talk show icon Rush Limbaugh.”
Appeals court upholds Arizona immigration law
VIA Associated Press
09/19/2008
“PHOENIX (AP) – A federal appeals court on Wednesday upheld an
Arizona law that penalizes businesses that knowingly hire illegal
immigrants and requires them to verify the employment status of their
workers.”
[KEYWORD = KNOWING]
Judge Rejects H-1B Visa Injunction
Via SlashDot
Judge Rejects H-1B Visa Injunction
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Failed WTO talks could tighten H-1B norms
Expressing disappointment over the failed World Trade Organisation (WTO) talks for a global trade deal, the US on Monday said one of the main casualties was in was the relaxation of rules regarding H-1B visas or the non-immigrant visa that is meant for skilled workers.
Speaking at at seminar organized by CII, US department of commerce assistant secretary (market access and compliance) David Bohigian said, “India missed an opportunity by not being able to get past the Special Safeguard Mechanism, to discuss other market opening issues.”
“One casualty is that H-1B visas in Mode 4 ((movement of professionals across borders to supply services) and the potential to raise the cap on H1B visas is not being discussed anymore. These issues are important for India’s future. We hope that India returns to the table seeking an ambitious result in Doha Round,” he said.
He also added that the failure of the WTO talks led to the missing of a major opportunity to liberalise the multilateral trading system that could have helped hundreds of people in the agricultural and manufacturing sector. The US issues around 65,000 H-1B visas annually to permit foreign professionals to take up temporary work in America.
During the Services Signalling conference held last month at WTO headquarters in Geneva as part of the ministerial meeting, the US had showed willingness to discuss temporary entry of foreign professionals. Also, the EU expressed readiness to make commitments on free movement of skilled personnel across borders.India pushed for market access for its services in the developed world, especially on free movement of service suppliers across borders and outsourcing. The offers or signals made at the Signaling Conference however, has no legal binding and therefore would not be the final stand of the countries on services.
Doha talks failure cost India more H-1B visas: US
| Via The Times of India 8 Sep 2008, 1945 hrs IST,PTI | |
NEW DELHI: The US on Monday said India “missed” a major opportunity to get a liberalised regime for the much sought-after H-1B visas by not agreeing to Doha deal in Geneva this July. “Among the issues on the table in the Doha Round were Mode 4– movement of professionals– and potential to raise the cap on H-1B visas. By not participating fully in the round, India missed an opportunity to be able to work on these issues that are important for its future,” US Department of Commerce Assistant Secretary (Market Access and Compliance) David Bohigian said at a CII seminar here. Marathon talks between 30 key trade ministers for a global trade deal collapsed at the WTO headquarters over differences between India and the US on a safeguard mechanism for farmers in developing nations against import surges. “One casualty of this (failure of talks) is that H-1B visa and Mode 4 are no longer being discussed,” Bohigian said. The US issues about 65,000 H-1B visas every year allowing foreign professionals to take up temporary work in America. India has been seeking easier and greater access for its professionals in the US market, particularly in sectors like IT, consultancy and health care. Bohigian said India and other countries need to come back to the Doha negotiating table “as quickly as possible” to develop market access for firms and workers. While student visas were at an all-time high, US Department of Commerce, State Department and Homeland Security are working to make the visa rules easier for foreign direct investors. In 2007, Indian firms invested three billion dollars in US which the American official wants to double in the near future. |
