USCIS Clarifies Proxy Vote Use for Certain Intracompany Transferee Visa Petitions
  1. Home
  2. Blog-Post
    3. Page 15

Archive Page

USCIS Clarifies Proxy Vote Use for Certain Intracompany Transferee Visa Petitions

January 4, 2018 by no comments

USCIS Clarifies Proxy Vote Use for Certain Intracompany Transferee Visa Petitions
Release Date:

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance today clarifying that a proxy vote must be irrevocable to establish the requisite control of a company in an L-1 visa petition.

A U.S. or foreign employer may file an L-1 visa petition to temporarily transfer a foreign employee to the U.S. from one of its operations outside the country. The employer must prove that a qualifying relationship exists between the foreign employer and the U.S. company at the time they file their petition by showing that either the two companies are the same employer or the companies are related as a parent, subsidiary, or affiliate company.

To determine if a qualifying relationship exists, USCIS officers examine ownership and control of the respective entities. In some cases, a petitioner may seek to establish control based on the use of proxy votes. Proxy votes are obtained when one or more equity holders irrevocably grant the ability to vote their equity to another equity holder, thereby effectively and legally giving the other equity holder “control” over the company or companies in question.

The new policy memorandum clarifies that when proxy votes are a determining factor in establishing control, the petitioner must now show the proxy votes are irrevocable from the time of filing through the time USCIS adjudicates the petition, along with evidence the relationship will continue during the approval period requested. Previous guidance did not address whether proxy votes must be irrevocable to establish control.

This policy update does not change the requirement for petitioners to file an amended petition when the ownership or control of the organization changes after its original L-1 petition was approved. Amended petitions must also comply with the clarified guidance regarding irrevocable proxy votes.

Interim and final policy memos are official USCIS policy documents and go into effect on the date the memos are issued.

Ensuring the integrity of guest worker programs is consistent with our Buy American, Hire American initiatives.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

-USCIS-

Last Reviewed/Updated:
Source Link: https://www.uscis.gov/news/news-releases/uscis-clarifies-proxy-vote-use-certain-intracompany-transferee-visa-petitions

What’s the Real ID Act ? ~ Frequently Asked Questions for the Public

January 3, 2018 by no comments

The following are frequently asked questions about the REAL ID program that would be useful to the public.

Q: What is REAL ID?

Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. States have made considerable progress in meeting this key recommendation of the 9/11 Commission and every state has a more secure driver’s license today than before the passage of the Act.

Q: What do I need to do if I am visiting a federal facility or a military base?

Visitors seeking access to military bases and almost all Federal facilities using their state-issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received an extension. When planning a visit to a Federal facility or military base, visitors should contact the facility to determine what identification will be accepted.

Q; Will a federal agency accept my Enhanced Driver’s License?

Yes. State Enhanced Driver’s Licenses (EDLs) designated as acceptable border-crossing documents by DHS under the Western Hemisphere Travel Initiative are acceptable for official federal purposes such as accessing a Federal facility or boarding a commercial aircraft. Individual agency policies may still apply.

Michigan, Minnesota, New York, Vermont, and Washington are the only states that currently issue EDLs. For more information on EDLs, please go to www.dhs.gov/enhanced-drivers-licenses-what-are-they.

 Q: REAL ID does NOT apply to the following:

  • Entering Federal facilities that do not require a person to present identification
  • Voting or registering to vote
  • Applying for or receiving Federal benefits
  • Being licensed by a state to drive
  • Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant’s access to court proceedings)
  • Participating in law enforcement proceedings or investigations

Q: Why is DHS implementing air travel in stages?

On January 8, 2016, the Secretary of Homeland Security announced the following timetable for the implementation of the REAL ID Act for air travel:

  • Effective immediately, the Department of Homeland Security will conduct outreach to educate the traveling public about the timeline below, and continue engagements with states to encourage compliance with REAL ID standards.
  • Effective on July 15, 2016, TSA, in coordination with airlines and airport stakeholders, will begin to issue web-based advisories and notifications to the traveling public.
  • Effective on December 15, 2016, TSA will expand outreach at its airport checkpoints through signage, handouts, and other methods.
  • Starting January 22, 2018, passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight.  To check whether your state is compliant or has an extension, click here.  Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.
  • Starting October 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

This timetable recognizes that some states must change their laws to comply with the REAL ID Act. It is also designed to provide an opportunity for members of the public to learn more about the implications of not having a REAL ID-compliant license, and so that individuals have an ample opportunity to replace their pre-REAL ID licenses with new compliant licenses or to obtain another acceptable form of identification.

Q: When will I need to change how I travel domestically?

Starting January 22, 2018, passengers who have driver’s licenses issued by a state that is not yet compliant with REAL ID and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Please see TSA’s website for a list of acceptable forms of identification. Passengers who have licenses issued by a state that is compliant or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual. For a list of states already in compliance or with an extension visit DHS’s REAL ID webpage. DHS continually updates this list as more states come into compliance or obtain extensions.

Starting October 1, 2020, every air traveler will need to present a REAL ID-compliant license or another acceptable form of identification for domestic air travel. A REAL ID compliant license is one that meets, and is issued by a state that complies with, the REAL ID Act’s security standards.

Travelers can check DHS’s REAL ID webpage at any time to learn if your state is compliant and can check with your state’s agency that issues driver’s licenses about how to acquire a compliant license. The earlier your state becomes compliant, the more likely you will be able to acquire a compliant license as part of the normal renewal cycle.

Q: Will minors need to have driver’s licenses to fly domestically?

TSA does not require children under 18 to provide identification when traveling with a companion within the United States. The companion will need acceptable identification.

Q: Is a passport my only other option if my state is not compliant?

No. TSA currently accepts several other forms of identity documents and will continue to do so. For more information on acceptable forms of identification for boarding aircraft, please see TSA’s website.

Q: Is DHS trying to build a national database with all of our information?

No. REAL ID is a national set of standards, not a national identification card.  REAL ID does not create a federal database of driver license information. Each jurisdiction continues to issue its own unique license, maintains its own records, and controls who gets access to those records and under what circumstances. The purpose of REAL ID is to make our identity documents more consistent and secure.

Q: What happens to travelers who show up without a compliant license? Will TSA turn them away?

DHS has been working with states for years around REAL ID compliance and have provided technical assistance, grants and other support to them.  We are also providing more than two years advance notice of implementation with respect to domestic air travel to allow ample time for all states to achieve compliance, or for potential air travelers to acquire an alternate form of ID if their state does not comply with REAL ID.

Starting January 22, 2018, travelers who do not have a license from a compliant state or a state that has been granted an extension (a complete list of non-compliant states/ territories can be found here) will be asked to provide alternate acceptable identification. If the traveler cannot provide an acceptable form of identification, they will not be permitted through the security checkpoint.

Starting October 1, 2020, every traveler will need to present a REAL ID-compliant license or another acceptable form of identification for domestic air travel.

Q: Why are some states still not compliant? Isn’t this law?

REAL ID is a mandate on Federal agencies, restricting the circumstances under which they may accept state-issued driver’s licenses and identification cards for official purposes.  Participation by states is voluntary, although Federal agencies are prohibited from accepting driver’s licenses or identification cards from noncompliant states for official purposes (e.g., boarding aircraft, accessing federal facilities, and entering nuclear power plants).

Q:  How does REAL ID implementation impact states that provide driver’s licenses and IDs to certain non-citizens/undocumented immigrants?

REAL ID allows compliant states to issue driver’s licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined.  In fact, some states currently issue such noncompliant cards to undocumented individuals. These cards must clearly state on their face (and in the machine readable zone) that it is not acceptable for official purposes and must use a unique design or color to differentiate them from compliant cards.  DHS cautions against assuming that possession of a noncompliant card indicates the holder is an undocumented individual, given that several states issue noncompliant licenses for reasons unrelated to lawful presence.

Additional Questions?

Additional questions may be sent to the Department of Homeland Security at [email protected].

Last Published Date: October 2, 2017
Source Link: https://www.dhs.gov/real-id-public-faqs

Full Resumption of U.S. Visa Services in Turkey

December 28, 2017 by no comments

Full Resumption of U.S. Visa Services in Turkey

Media Note

Office of the Spokesperson
Washington, DC
December 28, 2017

Since October, the government of Turkey has adhered to the high-level assurances it provided to the United States that there are no additional local employees of our Mission in Turkey under investigation, that local staff of our Embassy and consulates will not be detained or arrested for performing their official duties – including communicating with Turkish officials also working in an official capacity – and that Turkish authorities will inform the U.S. Government in advance if the Government of Turkey intends to detain or arrest any member of our local staff in the future.

Based on adherence to these assurances, the Department of State is confident that the security posture has improved sufficiently to allow for the full resumption of visa services in Turkey. We continue to have serious concerns about the existing allegations against arrested local employees of our Mission in Turkey. We are also concerned about the cases against U.S. citizens who have been arrested under the state of emergency. U.S. officials will continue to engage with their Turkish counterparts to seek a satisfactory resolution to these cases.

Source link: https://www.state.gov/r/pa/prs/ps/2017/12/276772.htm

USCIS will temporarily suspend operations at its field office in Havana, effective immediately.

December 23, 2017 by no comments

Updated USCIS Procedures for Cuba

Due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS will temporarily suspend operations at its field office in Havana, effective immediately. During this time, the USCIS field office in Mexico City, Mexico, will assume Havana’s jurisdiction, which includes only Cuba.

Individuals who live in Cuba must follow these filing instructions:

Service/Form

Filing Instructions
Form I-130, Petition for Alien Relative File your petition by mail with the lockbox facility in Chicago. You can find additional filing information on the Form I-130 webpage.
Form I-131A, Application for Travel Document (Carrier Documentation) If you are a lawful permanent resident (LPR) who has lost your LPR card and/or re-entry permit and you need travel documentation to return to the United States, you can file your Form I-131A with any U.S. Embassy Consular Section or USCIS international field officeoutside of Cuba. If you have a pending Form I-131A application, USCIS will be contacting you to provide further instructions on the processing of your case.
Form I-407, Record of Abandonment of Lawful Permanent Resident Status

 

 Submit your Form I-407 by mail to the Mexico City Field Office or present it in person to any U.S. Embassy or Consulate or USCIS international field office outside of Cuba.
Form I-730, Refugee/Asylee Relative Petition You must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.

We are working with the U.S. Department of State to reschedule any Form I-730 cases that were in-process at the U.S. Embassy in Havana and will be contacting affected petitioners and beneficiaries in the near future. For Form I-730 cases not yet scheduled for interview, the U.S. Department of State’s National Visa Center will notify concerned parties when an interview is scheduled at a designated post.
Form N-400, Application for Naturalization If you are a member of the U.S. military and are stationed overseas, please see the Form N-400 form page or call 800-375-5283 for the most current form filing instructions. We will forward the application to the appropriate international field office. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.
Cuban Family Reunification Parole (CFRP) Program We are working with the U.S. Department of State to ensure that the CFRP Program continues to operate and will announce arrangements for interview/travel document processing for CFRP beneficiaries soon.
Cuban Medical Professional Parole (CMPP) Following-to-Join Spouse or Child We are working with the U.S. Department of State to ensure that CMPP following-to-join cases continue for spouses and children to be processed and will announce arrangements for interview/travel document processing soon.

General information about the U.S. Embassy in Havana is available on the embassy website. You may also contact the embassy by calling 011(53)(7)839-4100 or by mailing:

U.S. Embassy Havana

Calzada between L & M, Vedado
Havana, Cuba
For emergency inquiries, you can continue contacting the Havana Field Office at [email protected]. For any other information on the services we provide, please contact the USCIS field office in Mexico City.

For more information on USCIS and its programs, visit uscis.gov.

 

– USCIS –

Last Reviewed/Updated:

Updated agency interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act; rescission of Matter of Vazquez as an Adopted Decision

December 21, 2017 by no comments

SUBJECT: Updated agency interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act; rescission of Matter of Vazquez as an Adopted Decision

Purpose 1
This Policy Memorandum rescinds Matter of Vazquez with the reasoning contained in this memorandum. Matter of Buschini2 remains overruled and inoperative, as this memorandum supercedes all prior guidance regarding the determination of Cuban citizenship for the purposes of adjustment under Pub. L. 89-732 (November 2, 1966), as amended, the Cuban Adjustment Act (CAA).3

Scope

Based on new information and further evaluation, USCIS hereby updates its interpretation of Cuban citizenship law as follows:

The consular registration of a child’s birth outside of Cuba to a Cuban citizen parent does not accord Cuban citizenship to the child. Rather, for the child to be accorded Cuban citizenship, the consular certificate documenting the child’s birth to at least one Cuban parent must be formally registered in Cuba by the Cuban Ministry of Justice after all legal requirements for Cuban citizenship are satisfied. Consequently, an individual’s Cuban consular certificate documenting birth to at least one Cuban parent cannot serve as evidence of the individual’s Cuban citizenship for purposes of the CAA because the consular certificate is issued before it is formally registered in Cuba by the Cuban Ministry of Justice. This remains true even if the consular certificate states that the individual to whom the certificate was issued is a Cuban citizen.

Background

Under section 1 of the Cuban Adjustment Act (CAA), USCIS may adjust to lawful permanent resident status a native or citizen of Cuba who meets certain requirements.4 Thus, USCIS may adjust the status of an eligible applicant, whether born in or outside of Cuba. See, e.g., Matter of Masson, 12 I&N Dec. 699 (BIA 1968) (Haitian citizen born in Cuba eligible) and Matter of Riva, 12 I&N Dec. 56 (INS 1967) (Cuban citizen born in Mexico eligible).

Cuban law allows Cuban citizens living abroad to register the birth of their children with the Cuban consulate in the country of the children’s birth. However, both the structure of pertinent Cuban law, and the varying types of documentation that are issued to such children as evidence of their consular birth registration, have complicated USCIS’ determination of when an individual born outside of Cuba to a Cuban citizen parent is deemed under Cuban law to have acquired Cuban citizenship. For instance, while some consular certificates issued by Cuban consulates to such children assert that the subject of the document is a Cuban citizen, such documents simply verify the facts of the subject’s birth and of a parent’s Cuban citizenship.

USCIS’ interpretation of this issue (when is an individual born outside of Cuba to a Cuban citizen parent deemed under Cuban law to have acquired Cuban citizenship) has been informed by, among other sources, three Library of Congress (LOC) reports5 and then memorialized in two adopted AAO decisions, Matter of Buschini, USCIS Adopted Decision 06-0004 (AAO 2006) and Matter of Vazquez, USCIS Adopted Decision 007-0006 (AAO 2007).

In Buschini, the AAO (and USCIS, upon adoption) relied upon the LOC opinions to conclude that, under Cuban citizenship law, an individual born outside Cuba to a Cuban parent must first reside in Cuba to be eligible for Cuban citizenship. Buschini concluded that USCIS should not accept a Cuban consular certificate documenting an applicant’s birth outside Cuba to at least one Cuban parent unless it included a statement of citizenship.

A year later, in Vazquez, the AAO revisited this issue and, upon USCIS adoption, overruled Buschini. In Vazquez, p.4 n.1, the AAO summarized the trio of LOC reports as follows:

In 2004, the Law Library responded to an AAO inquiry indicating that a Cuban birth certificate issued by a Cuban consulate was proof that the bearer of such document was a Cuban citizen. LL File No. 2004-01259. On July 7, 2005, the Law Library indicated that individuals born outside Cuba to one Cuban citizen parent must have been physically present in Cuba for at least three months to be eligible to apply for citizenship. LL File No. 2005-01947. A third response, provided by the Law Library on February 1, 2006, summarized the two previous reports and provided a more complete analysis of Cuban law and practice regarding the acquisition of citizenship by an individual born outside Cuba to a Cuban parent. LL File No. 2006-02421. In explaining its seemingly contradictory 2004 and 2005 responses regarding the acquisition of citizenship, the Law Library noted that its 2004 response indicating that a Cuban birth certificate was proof of citizenship was not intended to apply to all Cuban birth certificates, only to the birth certificate it had reviewed in that inquiry, which specifically stated that the bearer was a Cuban citizen. LL File No. 2006-02421.6

The AAO and USCIS were persuaded by applicant-submitted statements from three expatriate Cuban lawyers who advised that registering a child’s birth outside Cuba to a Cuban citizen parent at a Cuban consulate operated, by itself, to establish Cuban citizenship. They also averred that the residency requirement, provided in Decree No. 358, Article 3(b), of 1944 (Reglamento de ciudadanía7) was not in force in Cuba and maintained that Article 29 of the 1976 Cuban Constitution, as well as Civil Registry Law No. 51 of 1985, supplanted Decree 358. Relying on this analysis, USCIS overruled Buschini, and returned USCIS to its earlier practice of accepting Cuban consular certificate documenting an individual’s birth outside Cuba to at least one Cuban parent as proof of Cuban citizenship, even if the consular certificate did not contain a statement of citizenship.

However, for the following reasons, USCIS is no longer persuaded that the reasoning upon which Vazquez is based is accurate.

The websites of the Cuban embassies to Spain and Canada explain that registering a child’s birth to Cuban citizens abroad does not make the child a Cuban citizen.8 Further, since Vazquez was decided, USCIS has identified several sources that indicate Decree No. 358 and its residency requirement, in fact, have been in effect under Cuban law. For example, the 2006 LOC report cited a 2004 counter-terrorism report the Cuban government submitted to the United Nations, which contained the following statement: “In Cuba legislative provisions relating to the granting of citizenship or other civic rights are contained in the Republic’s Constitution; Law No. 59/1987, Civil Code; Law No. 51/85 on the Registration of Civil Status; Resolution No. 157/85, which provides its regulations; Decree No. 358 of 4 February 1944 on Citizenship Regulations and its supplementary provisions.” (emphasis added).9 This passage, the LOC reasoned, indicates that Decree 358 still governs matters of Cuban citizenship law. Consistent with its 2004 counter-terrorism report, the Cuban government’s 2009 report listed Decree 358 among the laws regulating travel to Cuba.10 Canada’s Immigration and Refugee Board concluded in 2009 that Decree No. 358 remains in effect.11

Article 3(b) of Decree No. 358 provides: “The following are Cubans by birth: … b) those born abroad, to either a Cuban father or mother, provided that they (i.e., the individuals born abroad) reside in Cuba.” (emphasis added). Next, Article 5(4) of the same Decree provides:

ARTICLE 5. Cubans by birth described in article 3(b) of this regulation will obtain a Certificate of Nationality, provided that the following requirements are previously met:
.. .
(4) If the applicant lives outside of Havana, the Mayor of the municipality where the applicant lives will issue a report certifying that the applicant lives in such municipality. If the applicant lives in Havana, the report will be issued by the head of the police station closer to the domicile of the applicant. The applicant must be really in Cuba.

(emphasis added).12 In 1976, Cuba adopted a new Constitution, article 29(c) of which provides: “Cuban citizens by birth are: . . . (c) those born abroad to either a Cuban father or mother provided that legal formalities are previously met; ….” (emphasis added).13

Notwithstanding, the applicant in Vazquez, through declarations of witnesses expert in Cuban law, asserted that Decree 358 did not survive the 1976 Constitution and, accordingly, a residency requirement is not one of the “formalities” contemplated in Article 29(c). Instead, the applicant maintained that Decree No. 358 was supplanted by Civil Registry Law No. 51 (1985).14

Specifically, the applicant in Vazquez maintained that, within Law No. 51, Article 3 (listing acquisition of Cuban citizenship as one of the events that can be registered as affecting civil status) must be read in conjunction with the first sentence of Article 20, which provides: “[T]he consular offices of Cuba shall record the actions and acts related to the civil status of Cubans and children of Cubans abroad, which shall be transcribed in the office of the Special Registry.” Thus, the applicant argued, Article 20 necessarily means that registry of birth with a Cuban consulate, alone, suffices to establish citizenship.

However, the next sentence in Article 20 indicates that the practice of registering a child’s birth at a Cuban consulate exists chiefly to establish a fact – the birth of a child born outside of Cuba to a Cuban citizen parent – rather than to accord Cuban citizenship to the child. As translated, Article 20 states: “Consular and diplomatic officials authorized to register acts concerning civil status send the registration to the Ministry of Justice within 15 days, through the Ministry of Foreign Affairs, and, in the case of formalization of marriage, provide a certified copy of the record.” This indicates that consular registration of the child’s birth is merely the first step in a two-step legal process, and that the child is not accorded Cuban citizenship until his or her consular birth registration is formally registered in Cuba by the Cuban Ministry of Justice. Consequently, for this reason, an individual’s Cuban consular certificate documenting their birth outside Cuba to at least one Cuban parent cannot possibly serve as evidence of the individual’s Cuban citizenship because such documentation is issued before the second step in the Cuba’s two-step process has been fulfilled. This remains true even if the consular certificate states, as some do, that the child is a Cuban citizen. Therefore, while an individual who possesses a consular certificate might possibly be a Cuban citizen (if the second step in the process was in fact completed), the individual’s consular certificate cannot itself establish that fact.

While Article 3 lists citizenship acquisition as a civil status event, it does not prescribe how citizenship is acquired or who so determines citizenship on behalf of the Cuban government. Moreover, while articles 40 through 57 address birth registration, there are separate provisions, in articles 79 through 81, for registration of events affecting citizenship. None of these provisions, expressly or impliedly, makes birth abroad to a Cuban parent, by itself, enough to confer citizenship.

Further, Law No. 51 does not abrogate Law No. 1312 (1976), which implements the citizenship provisions of the 1976 Constitution. The second of three “final dispositions” at the end of Law No. 1312 section expressly abrogates “Title II” of Decree 358. This specificity is critical because the residency requirement resides in Title I. Further, as indicated in Articles 3 and 5 of Decree 358, which recognize jus sanguinis (right of blood) as a basis for citizenship so long as other requirements are satisfied, Title I’s residency requirement is not incompatible with the conferral of Cuban citizenship to one’s child.

The re-establishment of diplomatic relations between the United States and Cuba afforded an opportunity to seek clarity directly from the Cuban government. In June 2015, through an exchange of diplomatic notes, USCIS received clarification from the Cuban government that the registration of the Cuban consular certificate of birth is not sufficient evidence of Cuban citizenship:

[T]he Ministry [of Foreign Relations] wishes to state that Article 29 of Constitution of the Republic of Cuba defines which persons are eligible to obtain Cuban citizenship, including those born abroad to a Cuban father or mother, provided they comply with legal requirements, and those born outside [our] national territory to a Republic of Cuba- natural-born father or mother who had lost their Cuban citizenship, provided they claim it as prescribed by law. Decree Number 358 of February 4, 1944, Citizenship Regulation, is the statute that complements what is stipulated in the Constitution on this subject.

In relation to the questions sent by United States Citizenship and Immigration Services (USCIS), the Ministry has to convey that in order to acquire Cuban citizenship it is not sufficient to have had registered the birth of a child to Cuban citizens within the Civil Registry of Cuba, but it is also necessary to comply with the Citizenship Regulation provisions, including the requirement of residency within the Cuban national territory.

The following describes the documents that applicants must provide in the process of obtaining Cuban citizenship, distinguishing between minors and 18 years of age or older, in accordance to the Citizenship Regulation provisions:
.. .

  • Affidavit from a family member that has consanguineous link to the applicant, or failing that, from a person with whom has a friendship relation, authorizing [the applicant] to reside permanently in their house.
  • Cuban birth certificate.
  • This documentation must be presented with the correspondingIdentification, Migration and Immigration Directorate (DIIE, in Spanish) unit, depending on the municipality in which the applicant will reside.With these documents the residency record, which must be approved by the DIIE, will be registered. After the established legal period, residency in the territory will be formalized. Cuban citizenship is obtained after this act of registration, through the issuance of the Cuba passport and identity card.

    This diplomatic note confirms that someone born outside of Cuba does not obtain Cuban citizenship merely through the registration of the Cuban consular certificate of birth.15 Finally, on March 31, 2017, the Library of Congress issued USCIS a fourth report concluding that those born to a Cuban parent abroad do not automatically acquire Cuban citizenship through registration of the Cuban consular certificate. LL File No. 2017-014684.

    Generally, USCIS officers should not need to make factual determinations related to length of residence. Instead, USCIS officers will determine whether official Cuban government documents, submitted in support of an application for adjustment of status, are probative of the claimed Cuban citizenship.16

Please note, however, that, effective January 1, 2018, the Cuban government may be eliminating the Cuban residency requirement for Cuban citizenship for children born outside of Cuba to at least one Cuban parent. Even if the residency requirement is eliminated, USCIS still finds that a Cuban consular certificate of birth is insufficient to demonstrate Cuban citizenship for someone born outside of Cuba to a Cuban parent because, as described previously, Article 20 indicates that consular registration of birth is only the first step towards a path to Cuban citizenship and so the Cuban consular certificate of birth cannot demonstrate that Cuban citizenship has been accorded.

Policy

Effective immediately, USCIS rescinds its adoption of Matter of Vazquez. Matter of Buschini remains overruled and inoperative, as this memorandum supercedes prior guidance.

Adjudictor’s Field Manual Update

In accordance with the agency’s clarified interpretation of Cuban citizenship law, as explained in this memorandum, Chapter 23.11(b)(1) of the Adjudicator’s Field Manual is amended by deleting the sentences below:

· [ This bullet point revised 01-03-2007 .] For those who have never resided in Cuba, the most persuasive evidence of Cuban citizenship is a valid Cuban passport.

If a Cuban passport is unavailable, another official Cuban document, such as a Cuban Civil Registry document, a Cuban consular certificate of citizenship, or other document signed by a Cuban official with appropriate authority over the registration of citizens indicating that a named individual is a citizen, should be sufficient to establish citizenship. Matter of Buschini (June 30, 2006), USCIS Administrative Appeals Office Adopted Decision, Appendix 23-6 .

A consular certificate indicating that a person was born outside Cuba to a Cuban citizen parent, without any statement of citizenship, is not, ordinarily, sufficient to establish that a person is a Cuban citizen.

Further, Chapter 23.11(b)(1) of the Adjudicator’s Field Manual is amended by inserting the following sentence in their stead:

• A person who was born outside of Cuba to a Cuban parent, and who has satisfied all Cuban legal requirements for the acquisition of Cuban citizenship.

Principal applicants must submit evidence of Cuban citizenship. The following are examples of acceptable documents to prove citizenship:

  • A valid Cuban passport.
  • A Cuban Civil Registry document issued in Havana.
  • A Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is not sufficient to establish Cuban citizenship. This remains true even if the consular certificate states that the individual to whom the certificate was issued is a Cuban citizen.

Use

This PM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.

Contact Information

Questions or suggestions regarding this PM should be addressed through appropriate directorate channels.

.. … … .

1 See Matter of Vazquez, Adopted Decision 07 006 (AAO July 31, 2007).
2 See Matter of Buschini, USCIS Adopted Decision 06-0004 (AAO, June 30, 2006).
3 See section 1 of Pub. L. 89-732 (November 2, 1966) as amended (Cuban Adjustment Act), states, in pertinent part: “[N]otwithstanding the provisions of section 245(c) of the [Immigration and Nationality Act] the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year, may be adjusted by the [Secretary of Homeland Security], in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever is later.”
4 Cuban Adjustment Act (CAA) of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161 (1966), as amended, 8 U.S.C. § 1255.
5 With respect to the interpretation of foreign law, federal and administrative case law often recognize the expertise of the Law Library of the Library of Congress. See, e.g., Cheung Tai Poon v. INS, 707 F.2d 258, 259 (6th Cir.1983); Matter of Rowe, 23 I&N Dec. 962 (BIA 2006); Matter of Hosseinian, 19 I&N Dec. 453 (BIA 1987); Matter of Khatoon, 19 I&N Dec. 153 (BIA 1984); Matter of Dhillon, 16 I&N Dec. 373 (BIA 1977).
6 See Appendices A, B, and C for copies of the LOC reports.
7 English translation: “Regulation of Citizenship.”
8 See http://misiones.minrex.gob.cu/espana/servicios-consulares#transcripcion_nacimiento and http://misiones.minrex.gob.cu/en/canada/consular-services (accessed November 8, 2017).
9 See Fourth Report of the Republic of Cuba to the Counter-Terrorism Committee of the Security Council, submitted to paragraph 6 of resolution 1373 (2001), p. 18. http://www.refworld.org/pdfid/46dc1ec5d.pdf (accessed November 8, 2017).
10 See http://anterior.cubaminrex.cu/Terroristas/Articulos/DenunciaDeCuba/2009-02-20-Sexto-Informe.html (accessed October 5, 2017). While this counter-terrorism report is not focused primarily on citizenship issues, Cuba’s response to question 2.4.2 focuses on the laws governing entry of individuals into Cuba.
11 See https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/07/CUB103126.FE.pdf (accessed November 8, 2017).
12 This translation appears in the 2006 LOC report at Appendix C.
13 This translation appears in the 2006 LOC report at Appendix C.
14 The applicant provided a partial translation of Law No. 51; the complete text of Law No. 51 is available in Spanish at the website of Cuba’s National Assembly. See http://www.parlamentocubano.cu/?documento=ley-del- registro-del-estado-civil (accessed November 8, 2017).
15 Further corroboration is available on the website of the Cuban Embassy in Ecuador in the transcript of birth section. See http://www.cubadiplomatica.cu/ecuador/ServiciosConsulares.aspx#AVECINDAMIENTO (accessed: November 8, 2017).
16 USCIS was unable to locate a source of Cuban law to specify the duration of required residence. That said, the Library of Congress related in its 2005 and 2006 reports that Cuban government officials it consulted stated a residency requirement of “at least three months.” See the LOC reports at Appendices B and C. In its 2017 report, the Library of Congress cited the official website of the Cuban embassy in Ecuador as indicating “three to six months” of residence is necessary. Transcripción del Nacimiento, EMBAJADA DE CUBA EN ECUADOR: SERVICIOS CONSULARES, http://www.cubadiplomatica.cu/ecuador/ServiciosConsulares.aspx#TRNAC (last visited November 8, 2017), archived at https://perma.cc/B3KD-3H7A. See the 2017 LOC report at Appendix D.

Original source: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-12-21-PM-602-0154-Matter-of-Vazquez-Rescission.pdf

Original Document: 2017-12-21-PM-602-0154-Matter-of-Vazquez-Rescission

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

December 19, 2017 by no comments

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
Release Date:

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement.

This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods. The definition specifically excludes market research and marketing analyst occupations.

Interim and final policy memos are official USCIS policy documents and go into effect on the date the memos are issued.

USCIS is committed to carrying out the directives of the President’s Buy American and Hire American Executive Order to better protect the interests of U.S. workers. Ensuring the integrity of guest worker programs is consistent with our Buy American, Hire American initiatives.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@USCIS).

-USCIS-

Last Reviewed/Updated:

Re-Registration Period Now Open for Hondurans with Temporary Protected Status

December 17, 2017 by no comments

Re-Registration Period Now Open for Hondurans with Temporary Protected Status
Release Date:

WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on the USCIS website.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free on USCIS’ website.

USCIS will issue Employment Authorization Documents (EAD) with a July 5, 2018 expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs under this extension in accordance with the TPS Honduras Federal Register Notice.  Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018.  Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Honduras for 180 days, through July 4, 2018.

In November, former Acting Secretary of Homeland Security Elaine Duke announced that she was not making a determination on Honduras’ TPS designation at that time. By operation of the TPS statute, this postponement automatically extended the current TPS designation for Honduras for six months – through July 5, 2018.  Duke concluded that additional time and information was necessary to make a determination on extension, redesignation, or termination of Honduras’ TPS designation.

During this six-month extension, individuals with TPS are encouraged to prepare for their return to Honduras in the event Honduras’ designation is not extended again, including requesting updated travel documents from the government of Honduras.

At least 60 days before July 5, 2018, the Secretary will assess the country conditions in Honduras to determine whether to extend, redesignate, or terminate TPS for Honduras. Hondurans with TPS may wish to consult with qualified immigration attorneys or practitioners about their eligibility for another immigration status or benefit, or whether there is any other action they may want to take regarding their individual immigration circumstances.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and Instagram (@uscis).

– USCIS –

USCIS to Begin Accepting Applications under the International Entrepreneur Rule

December 15, 2017 by no comments

USCIS to Begin Accepting Applications under the International Entrepreneur Rule
Release Date:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.

Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

The IER was published during the previous administration to provide an unlimited number of international entrepreneurs a new avenue to apply for parole, enter the U.S., and use American investments to establish and grow start-up businesses. Parole is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.

On Jan. 25, 2017, President Trump issued Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the Secretary of Homeland Security to ensure that parole authority is exercised only on a case-by-case basis, and only when an individual demonstrates urgent humanitarian reasons or a significant public benefit due to the parole.

Guidance on how to submit IER applications is available on our International Entrepreneur Parole page.

While DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram (@USCIS).

Last Reviewed/Updated:
Source: https://www.uscis.gov/news/news-releases/uscis-begin-accepting-applications-under-international-entrepreneur-rule

Green Card Eligibility Categories

December 12, 2017 by no comments

Green Card Eligibility Categories

In order to apply for a Green Card, you must be eligible under one of the categories listed below. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Green Card through Family

You may be eligible to apply as a…  If you are the…
Immediate relative of a U.S. citizen
  • Spouse of a U.S. citizen
  • Unmarried child under the age of 21 of a U.S. citizen
  • Parent of a U.S. citizen who is at least 21 years old
Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories
  • Family member of a U.S. citizen, meaning you are the:
    • Unmarried son or daughter of a U.S. citizen and you are 21 years old or older
    • Married son or daughter of a U.S. citizen
    • Brother or sister of a U.S. citizen who is at least 21 years old
  • Family member of a lawful permanent resident, meaning you are the:
    • Spouse of a lawful permanent resident
    • Unmarried child under the age of 21 of a lawful permanent resident
    • Unmarried son or daughter of a lawful permanent resident 21 years old or older
Fiancé(e) of a U.S. citizen or the fiancé(e)’s child

 
  • Person admitted to the U.S. as a fiancé(e) of a U.S. citizen (K-1 nonimmigrant)
  • Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen (K-2 nonimmigrant)
Widow(er) of a U.S. citizen Widow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died
 Abused spouse, child, or parent

(VAWA self-petitioner – victim of battery or extreme cruelty)
  • Abused spouse of a U.S. citizen or lawful permanent resident
  • Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident
  • Abused parent of a U.S. citizen

Green Card through Employment

You may be eligible to apply as a…  If you…
Immigrant worker
  • Are a first preference immigrant worker, meaning you:
    • Have extraordinary ability in the sciences, arts, education, business or athletics, or
    • Are an outstanding professor or researcher, or
    • Are a multinational manager or executive who meets certain criteria
  • Are a second preference immigrant worker, meaning you:
    • Are a member of a profession that requires an advanced degree, or
    • Have exceptional ability in the sciences, arts, or business, or
    • Are seeking a national interest waiver
  • Are a third preference immigrant worker, meaning you are:
    • A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
    •  A professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), or
    • An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
Physician National Interest Waiver Are a physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements
Immigrant investor Have invested or are actively in the process of investing at least $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees

 

Green Card as a Special Immigrant

You may be eligible to apply as a…  If you…
Religious worker Are a member of a religious denomination coming to the U.S. to work for a nonprofit religious organization
Special Immigrant Juvenile Are a child who has been abused, abandoned, or neglected by your parent and you have SIJ status
Afghanistan or Iraq national
International broadcaster Are coming to work in the U.S. as a member of the media
Employee of an international organization or family member or NATO-6 employee or family member Are a retired officer or employee of certain international organizations, or NATO, and certain family membersGo to the Green Card through Other Categories section for information on other eligibility categories for diplomats.

 

Green Card through Refugee or Asylee Status

You may be eligible to apply as a…  If you…
Asylee Were granted asylum status at least 1 year ago
Refugee Were admitted as a refugee at least 1 year ago

Green Card for Human Trafficking and Crime Victims

You may be eligible to apply as a… If you…
Human trafficking victim Currently have a T nonimmigrant visa
Crime victim Currently have a U nonimmigrant visa

 

Green Card for Victims of Abuse

You may be eligible to apply as a… If you are…
 An abused spouse, child, or parent

VAWA self-petitioner – victim of battery or extreme cruelty
  • The abused spouse of a U.S. citizen or lawful permanent resident
  • The abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident
  • The abused parent of a U.S. citizen
Special Immigrant Juvenile Are a child who has been abused, abandoned, or neglected by your parent and you have SIJ status
An abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment Act The abused spouse or child of a Cuban native or citizen
 An abused (victim of battery or extreme cruelty) spouse or child under  Haitian Refugee Immigrant Fairness Act (HRIFA) The abused spouse or child of a lawful permanent resident who received his or her Green Card based on HRIFA

Green Card through Other Categories

You may be eligible to apply under this category…  If you…
Diversity Immigrant Visa Program Were selected for a diversity visa in the Department of State’s diversity visa lottery
Cuban Adjustment Act
  •  Are a Cuban native or citizen, or
  • Are the spouse or child of a Cuban native or citizen
 An abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment Act Are the abused spouse or child of a Cuban native or citizen
Dependent status under the HRIFA Are the spouse or child of a lawful permanent resident who received his or her Green Card based on the Haitian Refugee Immigration Fairness Act (HRIFA)
 An abused (victim of battery or extreme cruelty) spouse or child under HRIFA Are the abused spouse or child of a lawful permanent resident who received his or her Green Card based on HRIFA
Lautenberg parolee Were paroled into the U.S. as a Lautenberg parolee
Indochinese Parole Adjustment Act of 2000 Are a native or citizen of Vietnam, Kampuchea (Cambodia), or Laos who was paroled into the U.S. on or before Oct. 1, 1997 from Vietnam under the Orderly Departure Program, a refugee camp in East Asia, or a displaced person camp administered by UNHCR in Thailand.
American Indian born in Canada Have 50% or more of blood of the American Indian race and were born in Canada
Person born in the United States to a foreign diplomat Were born in the United States to a  foreign diplomatic officer who was stationed in the U.S. when you were born.
Section 13 (diplomat) Were stationed in the United States as a foreign  diplomat or high ranking official and are unable to return home

Green Card through Registry

You may be eligible to register for a Green Card if you have resided continuously in the U.S. since before Jan. 1, 1972.

Last Reviewed/Updated:

Attorney General Sessions Issues Memo Outlining Principles to Ensure That the Adjudication of Immigration Cases Serves the National Interest

December 6, 2017 by no comments

Department of Justice Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, December 6, 2017

Attorney General Sessions Issues Memo Outlining Principles to Ensure That the Adjudication of Immigration Cases Serves the National Interest

Today, as part of a continued effort to return the rule of law to America’s immigration system in order to serve national interest, Attorney General Jeff Sessions released a memo to the Executive Office for Immigration Review (EOIR) renewing the Justice Department’s commitment to timely and efficient adjudication of immigration cases.  The memo expresses the Attorney General’s appreciation for the progress made since the beginning of the Trump Administration, encourages EOIR personnel to identify new efficiencies in their operations, and articulates five core principles that EOIR personnel should support and adhere to when adjudicating immigration cases.

The Justice Department’s commitment to the timely and efficient adjudication of immigration cases is the foundation of EOIR’s Caseload Reduction Plan—a series of common-sense reforms that aim to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice.  EOIR is also committed to hiring additional immigration judges—with 50 brought on board since January 20, and another 60 additional who will be hired in the next six months—which, when combined with new efficiencies in the system, will ensure that EOIR’s mission of fairly, expeditiously, and uniformly administering the immigration laws is fulfilled.

EOIR released data on orders of removal, voluntary departures, and final decisions for the first 10 months of the Trump Administration.

The data released for Feb. 1, 2017 – Nov. 30, 2017 is as follows:

  • Total Orders of Removal [1]: 87,063
    • Up 30 percent over the same time last year
  • Total Orders of Removal and Voluntary Departures [2]: 100,180
    • Up 34 percent over the same time last year
  • Total Final Decisions [3]: 127,570
    • Up by roughly 18,200 decisions (16.6 percent) over the same time last year

The Department of Justice will continue to review internal practices, procedures, and technology in order to identify ways in which it can further enhance Immigration Judges’ productivity without compromising due process.

“The state of our nation’s immigration court system has major implications on national security, public safety, and labor markets. With today’s memo, the Attorney General reaffirms his commitment to the rule of law and to the timely and proper adjudication of immigration court cases,” said Executive Office for Immigration Review Acting Director James McHenry. “EOIR has already begun to see the effects of this commitment, and—with the same dedication from EOIR staff, attorneys, and judges—can further work toward realizing our goal of cutting the pending caseload in half by 2020.”

[1] An “order of removal” by an Immigration Judge allows in the removal of an illegal alien from the United States by the Department of Homeland Security.

[2] Under an order of “voluntary departure”, an illegal alien agrees to voluntarily depart the United States by a certain date. If the illegal alien does not depart, the order automatically converts to an order of removal.

[3] A “final decision” is one that ends the proceeding at the Immigration Judge level such that the case is no longer pending.

 

Attachment(s):
Download Memorandum for EOIR
Download EOIR Caseload Reduction Plan Backgrounder
Topic(s):
Immigration
Component(s):
Executive Office for Immigration Review
Press Release Number:
17-1376
Updated December 6, 2017