USCIS Reverts to the 2008 Version of the Naturalization Civics Test

USCIS Reverts to the 2008 Version of the Naturalization Civics Test

February 22, 2021 by no comments

WASHINGTON— U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.  

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual (PDF, 444.11 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

For more information on USCIS and its programs, please visit uscis.gov or follow us on TwitterInstagramYouTubeFacebook and LinkedIn.

Fact Sheet: DHS Announces Process to Address Individuals Outside the United States with Active MPP Cases

February 21, 2021 by no comments

The new process outlined by DHS is one more way the Biden Administration is demonstrating its commitment to a safe, orderly, and humane immigration system.

The Department of Homeland Security (DHS) announced a plan to process eligible individuals who had been forced to return to Mexico under the Migrant Protection Protocols (MPP) andhave pending cases before the Executive Office for Immigration Review (EOIR). Beginning on February 19, DHS will start phase one of an effort to safely and effectively process individuals at the southwest border.

This latest action is another step in the Biden Administration’s commitment to reform immigration policies that do not align with our nation’s values.

This newly established process:

  • Applies only to certain individuals in MPP. Only individuals with active cases before the Executive Office for Immigration Review (EOIR) who were returned to Mexico under the MPP program and are currently outside the United States are eligible for this process. Individuals subject to MPP who do not currently have active immigration court cases will not be processed into the United States at this time. Individuals who believe they are eligible should remain where they are for further instructions.
  • Does not signal any change to border enforcement. This announcement should not be interpreted as an opening for people to migrate irregularly to the United States. We will continue to enforce U.S. immigration law and border security measures throughout this process.
  • Prioritizes the health and safety of the American public and migrants throughout the process. Partners will employ necessary safety precautions in accordance with the Centers for Disease Control and Prevention (CDC) guidance, including face coverings and social distancing. Individuals will be tested for COVID-19 before being processed into the United States. DHS will only process individuals consistent with its capacity to safely do so while fully executing its important national security and trade and travel facilitation missions.
  • Represents a collaborative effort working towards a common goal. Through a whole-of-government approach, DHS, the Department of State, and the Department of Justice will collaborate with international partners—including the Government of Mexico and international and non-governmental organizations—to safely process eligible individuals to pursue their cases in the United States.
  • Provides an innovative identification process. In collaboration with international organizations, the U.S. government will establish a triaging system in northern Mexico that identifies eligible individuals, prioritizes, and manages intake away from ports of entry and streamlines arrivals consistent with our capacity to safely process individuals.

A virtual registration process is accessible from any location and can be found at conecta.acnur.org. Once registered, eligible individuals will be provided additional information about where and when to present themselves.

Last Published Date: February 19, 2021

Release Date: February 18, 2021

USCIS to Replace Sticker That Extends Validity of Green Cards

February 19, 2021 by no comments

Starting in January, we will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90.

When presented together with the Green Card, the revised Form I-797 notice will extend the Green Card’s validity for 12 months from the date on the front of the Green Card and will serve as temporary proof of the LPR’s status. This change ensures that LPRs with a recently expired Green Card will have documentation of identity, employment authorization, and authorization to return to the United States following temporary foreign travel.

Form I-90 applicants who have not been issued a notice for a biometrics appointment and are in possession of their Green Card, will no longer have to visit an application support center to obtain temporary evidence of LPR status. Applicants who have already been scheduled for a biometrics appointment will not receive a revised notice and will be issued an extension sticker at their biometrics appointment.

Starting in January, applicants who file Form I-90 to replace an expiring Green Card will receive the revised receipt notice in the mail approximately 7-10 days after USCIS accepts their application. This notice will be printed on secure paper and will serve as evidence of identity and employment authorization when presented with an expired Green Card.

For questions specific to employment, please see I-9 Central. For more information, visit our Replace Your Green Card page.

USCIS: Finding An Authorized Doctor when you apply for a green card (adjustment of status) in the United States

February 9, 2021 by no comments

Find A Doctor

Enter your address or ZIP code to find a doctor near you

Finding An Authorized Doctor

When you apply for a green card (adjustment of status) in the United States, you usually need to have a medical examination. The exam must be done by a doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS). USCIS designates certain doctors (also known as civil surgeons) to perform the medical exam required for most Green Card applicants. Military physicians are authorized to perform immigration medical exams at a military treatment facility within the United States for U.S. veterans, members of the U.S. military and designated dependents.

Immigration medical examinations performed outside the United States and its territories must be done by a panel physician. Panel physicians are different from civil surgeons. Panel physicians are designated by the Department of State and provide immigration medical examinations required as part of visa processing at a U.S. Embassy or consulate abroad.

What To Bring To The Exam

Bring the following to your medical exam:

  • Form I-693, Report of Medical Examination and Vaccination Record
  • Government-issued photo identification, such as a valid passport or driver’s license. If you are 14 years old or younger, bring identification that shows your name, date and place of birth and parent’s full name. Possible forms of identification include your birth certificate (with an English translation) or an affidavit.
  • Vaccination or immunization record (such as DT, DTP, DTaP, Td, Tdap, OPV, IPV, MMR, Hib, hepatitis A, hepatitis B, varicella, pneumococcal influenza, rotavirus and meningococcal disease)
  • Medical insurance card (check with the doctor’s office to make sure the office accepts your medical plan)
  • Payment (check with the doctor’s office about acceptable forms of payment). It is also a good idea to call a few doctors to find out how much they charge for the exam. Prices can vary by a few hundred dollars.

During The Exam

The medical examination entails a review of your medical history and a physical examination.

The doctor will complete a comprehensive examination that will include a review of your medical history and a physical examination. The doctor will also test for communicable diseases such as tuberculosis, syphilis, and gonorrhea.

After the exam, the doctor will complete Form I-693 and seal the form in an envelope for you to submit to USCIS. Make sure you get a copy of the completed Form I-693 for your personal records before the doctor seals the envelope. USCIS will not accept the form if the envelope has been opened or altered.

For full details, please go to uscis.gov/i-693.

Reporting A Problem

If you have any concerns regarding a doctor’s behavior or actions, contact your state medical board. If you have concerns regarding the immigration medical exam or the I-693, make an appointment with your local USCIS field office.

Source: https://my.uscis.gov/findadoctor

Date: February 9th, 2021

USCIS Extends Flexibility for Responding to Agency Requests

February 2, 2021 by no comments

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

  • The form was filed up to 60 calendar days from the issuance of a decision we made; and
  • We made that decision anytime from March 1, 2020, through March 31, 2021.

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021, inclusive.

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

We will provide further updates as the situation develops. Please visit uscis.gov/coronavirus for USCIS updates.

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DHS Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program

January 21, 2021 by no comments

Today, DHS is announcing the suspension of new enrollments in the Migrant Protection Protocols (MPP) program.  Effective tomorrow, January 21, the Department will cease adding individuals into the program.  However, current COVID-19 non-essential travel restrictions, both at the border and in the region, remain in place at this time.  All current MPP participants should remain where they are, pending further official information from U.S. government officials.

Please note: Individuals outside of the United States will not be eligible for legal status under the bill President Biden sent to Congress today. The legalization provisions in that bill apply only to people already living in the United States.

Release Date: January 20, 2021

USCIS Modifies H-1B Selection Process to Prioritize Wages

January 8, 2021 by no comments

Rule Expected to Protect the Economic Interests of American Workers

WASHINGTON—U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.

Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

“The H-1B temporary visa program has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs,” said USCIS Deputy Director for Policy Joseph Edlow. “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

This effort will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by prospective petitioners seeking to file H-1B cap-subject petitions. It will be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but it will not change the order of selection between the two as established by the H-1B registration final rule.

The final rule will be effective 60 days after its publication in the Federal Register. DHS previously published a notice of proposed rulemaking on Nov. 2, 2020, and carefully considered the public comments received before deciding to publish the proposed regulations as a final rule.

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

Last Reviewed/Updated:

Owner of Immigration Business Pleads Guilty to Defrauding USCIS and IRS

December 29, 2020 by no comments

West Palm Beach, FL. – On Monday, December 28th, Laura Luz Maria Torres Romero a/k/a Antonieta Mena, a/k/a Antonieta Vinkelried, a/k/a Antonieta Winkelried, of Lake Worth, Florida, the lead defendant in a $4 million scheme to defraud the US immigration and tax systems, pled guilty before U.S. District Judge Kenneth Marra, in the Southern District of Florida.  Torres pled guilty to one count of conspiracy to commit immigration and mail fraud, one count of conspiracy to steal and launder government money, and one count of false statements to the US Department of Agriculture’s food assistance program.  Co-conspirator Melanie Wilhelm, of West Palm Beach, previously pled guilty to the two conspiracy charges.

According to court documents, from approximately 2012 through March 2020, Torres, with the assistance of Wilhelm and other co-conspirators, operated a multiservice business, which provided immigration and other services to the public. The business operated under different names, including El Latino Multiservices, Inc., M&K Multiservices, Inc., L&L Document Services, Inc., and AYE Services, Inc. from different locations in Lake Worth and West Palm Beach, Florida.  Torres was the true owner and controlled all aspects of the business.

Torres solicited clients primarily by word of mouth.  Most of the clients who sought her assistance had illegally entered the United States many years earlier and were ineligible for asylum benefits.  Most of her clients were from Guatemala or Honduras, did not speak English, had little formal education, and minimal knowledge of the immigration rules and procedures in the United States.  Torres represented herself as an experienced and knowledgeable immigration document preparer, who could assist them with identifying the proper immigration program to secure legal status.

Torres would obtain background information from the clients, but never asked them if they had suffered persecution in their native countries.  Although she had no information to support that the clients were eligible for asylum or other immigration benefits, Torres falsely prepared fraudulent asylum applications for her clients.  Torres knowingly made up false and fictitious narratives of persecution the clients had purportedly suffered in their native countries.  Most of the applications contained similar, and at times identical, stories of persecution.

Torres never showed the false and fraudulent asylum applications to the clients.  Instead, she presented the clients with only the signature page and had them sign the asylum application in blank.  More often, Torres, Wilhelm or another co-conspirator would simply forge the client’s name on the fraudulent asylum application.  Torres never completed or signed the preparer section of the asylum application so that she could conceal from the United States Citizenship and Immigration Services (USCIS) her role in preparing the false applications.  Torres, Wilhelm or another co-conspirator sent the false asylum applications to USCIS for processing.

Torres required the clients to pay up-front cash fees for her services.  Torres’ fees varied from client to client and increased as the scheme went on, but typically ranged from $2,500 to $4,000 for the initial asylum application.

Torres knew the clients would be eligible to apply for employment authorization cards (“work permits”) if their asylum applicants were pending for more than 150 days.  Torres routinely filed such applications for her clients, claiming that the clients were eligible for work permits based on the pending false asylum applications.  Torres, Wilhelm or another co-conspirator forged the clients’ names on the fraudulent applications for employment authorization.  Torres falsely listed her office address as the mailing address on the employment authorization applications so she would receive the work permits and all USCIS correspondence.  When the work permits arrived, Torres demanded additional fees from the clients.  If a client declined to pay the additional fees, Torres threatened to return the client’s work permit which, she claimed, would result in the client’s arrest and deportation.

Torres or a co-conspirator met with the clients at her office to prepare them for their asylum interviews.  At the meetings, the clients saw the false and fraudulent asylum applications for the first time.  Torres directed the clients to memorize the details of the false asylum claims and repeat them to the asylum officers.  Torres warned the clients they would not be permitted to stay in the United States if they did not tell the asylum officer exactly what was written in their application.

During the course of the scheme, Torres collected more than $2 million in cash fees from hundreds of clients and filed approximately 1,000 false and fraudulent asylum and employment authorization applications.  The false applications caused USCIS to issue work permits to hundreds of ineligible aliens.  In addition, Torres, Wilhelm and their co-conspirators deceived and misled hundreds of clients by promising to provide them with legitimate immigration services and instead filing false immigration applications in their names and providing them with fraudulently procured work permits.

Throughout the immigration scheme, Torres and her co-conspirators obtained personal identifying information, including names, dates of birth, and social security numbers, from her immigration clients. Without the knowledge or consent of her clients, Torres used the information to prepare false and fraudulent tax returns, seeking significant refunds. The returns included one or more materially false statements, including false addresses, fake education credits, fictitious dependents, false childcare and earned income credits, and false business income, expenses and deductions.

Torres and the co-conspirators forged the clients’ names on the fraudulent tax returns and then submitted the returns to the IRS. In support of the false and fraudulent tax returns, Torres, Wilhelm and the co-­conspirators created and submitted to the IRS false and fictitious documents, including fake leases, fake childcare receipts, and fake business receipts.

During the first few years of the scheme, Torres directed the IRS to direct deposit the fraudulent refunds into a TD bank account, which Torres opened using a stolen identity. Later in the scheme, Torres had the IRS mail the fraudulent refund checks to the “home addresses” listed on the returns. These “home addresses” were in fact properties owned and/or controlled by Torres. Wilhelm and the co-conspirators would retrieve the fraudulent tax refund checks from the home addresses listed on the returns and deliver them to Torres. Torres, Wilhelm and other co-conspirators forged the names of the clients on the back of the refund checks. To conceal her receipt of and control over the refund checks, Torres arranged to have a co-conspirator attorney in California launder the refund checks through her attorney trust account, in return for a 10 percent fee. The co-conspirator attorney issued checks drawn on her attorney trust account for 90 percent of the value of the refund check. At Torres’ direction, the co-conspirator attorney made the resulting checks for 90 percent of the proceeds payable to companies owned or controlled by Torres and then mailed the checks to Torres’ office. Torres, Wilhelm or another co-conspirator deposited the checks issued by the co-conspirator attorney into business accounts controlled by Torres. The monies from these checks were withdrawn from the Torres company accounts by ATM withdrawals, checks or wire transfers and used by Torres to benefit herself, Wilhelm and the other co-conspirators.

During the course of the tax and money laundering scheme, which ran from approximately 2011 through April 2019, Torres used the names, dates of birth and social security numbers of the immigration clients to file over 200 false tax returns with the IRS, seeking fraudulent refunds totaling approximately $1.8 million.

While Torres was collecting millions of dollars from the immigration and tax fraud schemes, she also applied for benefits from the Supplemental Nutrition Assistance Program (SNAP).  She received SNAP benefits from at least as early as 2008 through 2020.  To establish her continued eligibility for SNAP benefits, Torres submitted annual recertification applications to the United States Department of Agriculture, through the Florida Department of Children and Families.  In the recertification forms, Torres knowingly and willfully made numerous materially false statements, including that her name was “Antonieta A. Mena,” that she was a US citizen, that she had received no income other than Social Security benefits, and that her deceased mother was a member of the household.  Based on her false statements, Torres received approximately $67,000 in SNAP benefits for which she was not eligible, during the period 2008 through 2020.

At sentencing, Torres faces a maximum penalty of 15 years in prison.   Wilhelm faces a maximum penalty of 10 years in prison.  Both Torres and Wilhelm also will be sentenced to supervised release, penalties, and restitution. Torres’ sentencing hearing is scheduled for March 12, 2021, in West Palm Beach before the Honorable U.S. District Judge Marra and Wilhelm is scheduled for sentencing on March 5, 2021.

Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Special Agent in Charge Anthony Salisbury of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Miami Field Office, and Tyler R. Hatcher, Acting Special Agent in Charge, Internal Revenue Service-Criminal Investigation (IRS-CI), Miami Field Office, made the announcement.

HSI Miami and IRS-CI Miami investigated the case. Assistant U.S. Attorneys Adrienne Rabinowitz and Ellen Cohen prosecuted this case.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 20-80072-CR-MARRA/MATTHEWMAN.

Source: https://www.justice.gov/usao-sdfl/pr/owner-immigration-business-pleads-guilty-defrauding-uscis-and-irs