Want to know about the only bachelor US ex-president?

 

 

In a log cabin in Cove Gap, now Buchanan’s Birthplace State Park, James Buchanan was born in Franklin County, Pennsylvania, on April 23, 1791, to James Buchanan, Sr. (1761–1833). James Buchanan, Jr. was the 15th President of the United States and was in office between 1857 and 1861. He is the only president from Pennsylvania, the only president who remained a lifelong bachelor, and the last president born in the 18th century.

In the 1856 election Buchanan was nominated. As a Minister to the Court of St. James’s throughout most of Franklin Pierce’s term he was stationed in London and therefore was not caught up in the crossfire of sectional politics that dominated the country. Buchanan was viewed by many as a compromise between the two sides of the slavery question. His subsequent election victory took place in a three-man race with John C. Fremont and Millard Fillmore. Buchanan was often called a “doughface”, a Northerner with Southern sympathies as President, who battled with Stephen A. Douglas for the control of the Democratic Party. Buchanan’s efforts to maintain peace between the North and the South alienated both sides, and the Southern states declared their secession in the prologue to the American Civil War. Buchanan’s view of record was that secession was illegal, but that going to war to stop it was also illegal. Noted for his mantra, “I acknowledge no master but the law” Buchanan was first and foremost an attorney.

When he left office, popular opinion had turned against him, and the Democratic Party had split in two. Buchanan had once aspired to a presidency that would rank in history with that of George Washington. The only President to remain a bachelor, Buchanan turned to Harriet Lane, an orphaned niece, whom he had earlier adopted, to act as his official hostess of the White House.

In 1866 Buchanan published Mr Buchanan’s Administration on the Eve of the Rebellion, the first published presidential memoir, in which he defended his actions. The day before his death he predicted that “history will vindicate my memory”. Buchanan died on June 1, 1868, from respiratory failure at the age of 77 at his home at Wheatland and was interred in Woodward Hill Cemetery in Lancaster.

DACA – How Program Went From Dream to Reality!

Last summer when President Obama addressed the National Council of La Raza at its annual convention, he laid out his efforts to enforce the nation’s “flawed” immigration laws in a “humane” fashion.

The Obama team initiated what some immigrant activists this week and Obama critics alike have called the most significant change in the nation’s immigration system in nearly 25 years.

Across the country, as many as 1.7 million young undocumented immigrants, dreamers, brought to the country illegally as children, were expected to apply for temporary, renewable immigration relief and work permits. Dreamers are young immigrants brought to the country illegally as children.

The term is derived from the Development, Relief, and Education for Alien Minors Act.The clamor for documents is an early sign that the deferred action for childhood arrivals policy is highly popular. The Obama administration said this month that it approved the first 29 applications among more than 82,000 received since it began accepting requests Aug. 15.

Which INS forms to file for US Citizenship for Adopted Children?

 

The section 322 of the Immigration and Nationality Act (INA) as amended by the Child Citizenship Act (CCA) allows biological or adopted children residing outside U.S. to qualify for naturalization. Once the children enter the United States many foreign-born adopted children acquire U.S. citizenship.  They are entitled to get a certificate of citizenship but they need not formally apply for US citizenship since they become citizens automatically.

Until certain criteria are met other foreign-born adopted children may have to wait after which they automatically acquire citizenship. Some need to formally apply for US citizenship especially children living abroad.

Requirements to apply

Following are the requirements to qualify:

  • One parent at least should be living as U.S. citizen, else must have been one at the time of death.
  • In the U.S. or its far-off properties the U.S. citizen parent or his or her U.S. citizen parent must have, or had at the time of death, been physically present for at least 5 years. This stay should include at least two of which after attaining the age of 14.
  • Age must be under 18 years.
  • The U.S. citizen parent must have legal and physical custody of the child residing outside of the United States. If the citizen parent is deceased consent of the individual in charge must be there.
  • After a lawful entry for temporary period the child should be maintaining the status in the United States.
  • The INA section 322 allows a child for naturalization if the child satisfies the requirements applicable to adopted children under sections 101(b) (1) (E), (F) or (G) of the INA. 

The person should be unmarried to qualify as a child for purposes of this section.  Children born out of wedlock must have been legitimated while under the age of 16 and should be in the legal custody of the parents. Under this section stepchild who has not been adopted does not qualify as a child.

INS forms to be filed?

When applying for US citizenship INS forms N-600K must be filed on behalf of an eligible child for Application for Citizenship and Issuance of Certificate under section 322 of the INA. The U.S. citizen parent must file the Form N-600K on behalf of the child. Otherwise U.S. citizen grandparent or U.S. citizen legal guardian may apply on behalf of the child within 5 years of the parent’s death.

Before the child is 18 years old the whole process should be completed. The application must have been filed, approved and the child must take the oath of allegiance, if required, to obtain citizenship under section 322 of the INA.

Procedure completion

Once the adoption is final and they lawfully enter the United States as permanent resident orphans adopted by U.S. citizen parent are citizens. Children who were adopted by a U.S. citizen parent and obtained lawful permanent resident status acquire citizenship automatically though they did not immigrate as orphans. Whatever be the case it’s important that the children are below 18 years of age. In case the child is more than 18 years of age then Form N-400 should be filed.

Some service members who are on active duty, according to section 322(d) of the INA get a waiver from the requirement that the child be temporarily present in the United States and period of residence overseas on active duty is considered as residence in the United States.

To summarize the U.S. Citizenship and Immigration Services (USCIS) Form N-600 should be used for adopted children residing in the United States while filing for a certificate of citizenship and USCIS Form N-600K must be filed for adopted children residing outside the United States for naturalization.

Once naturalization is complete if required the child can obtain a U.S. passport.

Which INS forms to file for TPS in US?

INS forms

 

 

Due to temporary circumstances where a country is not able to adequately handle its nationals return or maybe for safety reasons the US Secretary of Homeland Security may designate a foreign country for temporary protected status (TPS). Eligible nationals of certain such countries or some parts of these countries who are already in the US may be granted TPS by USCIS.  TPS may also be granted to eligible individuals of these designated countries even without nationality but should have last resided in the designated country.

INS Forms to be filed

When applying for TPS along with application applicant must include the necessary evidence, fees or fee waiver. Applicants need to follow special filing instructions specific to your TPS designated country. What you must include while you’re applying is listed below with information about the INS forms.

In order to register or while re-registering for TPS following forms should be submitted:

1. Form I-821, Application for Temporary Protected Status

2. Form I-765, Application for Employment authorization

It’s important to note that though applicant is not going to work both I-821 and I-765 forms must be filed to get Employment Authorization Document. For some reason if the applicant is not admissible to US a Form I-601, Application for Waiver of Grounds of Inadmissibility should also be filed with your TPS package for a waiver from being deported from US. If USCIS has already given you a waiver with a previous TPS application new form for waiver need not be filed. The Form I-601 needs to be filed only the first time. On humanitarian grounds to ensure family unity or in public interest this waiver is granted by USCIS.

Support documents required

Additional documents as evidence are also required while filing a TPS application. You must submit:

  • Nationality and Identity Evidence:  For TPS you need to show proof as a national from one of the designated countries else proof that you previously resided in one such country to be eligible.
  • Evidence of entry date: You should already be in US and show proof for same.
  • Evidence for Continuously Residing (CR): Proof that since the CR date specified you have been in the United States.

An English translation must accompany any non-English support document along with the original. Important for certification of the translator that:

  • with the foreign and English language he or she is proficient and
  • to the best of his or her belief, ability and knowledge the translation is true and correct.

It’s necessary to submit primary evidence, if available, as nationality and identity evidence. USCIS will send a request for more evidence (RFE) if they do not find that the submitted documents are sufficient. If submission of primary evidence of your identity and nationality is not possible secondary evidences will be accepted. As primary evidence you may submit copy of your original country’s passport, birth certificate with proof of identification or any document of national identity issued by the country and also any such type of document issued by country’s embassy or consulate in US. It could be a naturalization certificate or a national ID card.

If it’s not possible to submit any of the above mentioned primary proofs, an affidavit demonstrating that applicant tried to get them but failed and proof of such unsuccessful attempts or with affirmation of your nationality any written explanation why you were denied from such consular processes is necessary. Any additional support proof can be submitted while you are interviewed by USCIS.

As secondary evidences applicant can submit his/her naturalization certificate though without fingerprint or photograph, to prove nationality. Proof for your or parents nationality like the baptismal certificate may be submitted. To prove that you are a national of one of the designate country you can submit copies of school or medical records indicating it. For nationality and identity proof copy of any immigration related papers may also be submitted. From people either related or friends of the applicant, who know the nationality and birth place details, affidavits can also be submitted. Just the birth in one of the designated countries is not enough proof you need to be a national of that country according to that particular country’s rules.

Extension of TPS for Haiti

To Haiti’s Temporary Protected Status (TPS) an extension was announced according to USCIS by the Secretary of Homeland Security Janet Napolitano. A notice in the Federal Register making an announcement of this decision will be published next week by the Department of Homeland Security (DHS).

Additional help will be provided by the Federal Register notice on:

  • eligibility criteria for TPS;
  • if you already have TPS how to re-register;
  • filing of TPS applications will commence on which date;
  • For Employment Authorization Document (EAD) how to file a request;
  • For current EADS a six-month automatic extension;
  • Information about TPS fees and fee waiver ;and
  • TPS-related other information if any.

Individuals who have not continuously resided in the US since January 12, 2011 will not be eligible according to USCIS among the current Haiti TPS beneficiaries and they cannot apply during the 60-day re-registration period which will begin on the day the Federal Register notice is published.

 

 

Service Members need to file Form N-400 for U.S. Citizenship.

Service members are US Citizens now after filing Form N-400!

 

The Immigration and Nationality Act (INA) under Section 328 or 329 through the naturalization process members and certain veterans of the US armed forces are eligible to become U.S. citizens. In addition under section 329 A INA provides for posthumous naturalization.

General Requirements

Service members include military service in U.S. army, Navy, Air force, Marine Corps, Coast Guard and National Guard and Selected Reserve of the Ready Reserve certain components. The qualifying member gets a waiver when compared to the general requirements.

Peacetime Naturalization through service

Under section 328 of the INA person who have served in the U.S. armed forces honorably at any time are eligible to apply INS forms for naturalization and referred to as “peacetime naturalization”.

Following are the criteria to apply under this category:

  • Age should be 18 years and above
  • At least for one year served in the U.S. armed forces honorably and also parted honorably.
  • On the naturalization application at the time of application should be a permanent resident
  • English basic knowledge to read, write, and speak
  • Possess knowledge about U.S. history and government
  • During all relevant periods under the law should be a person with a good moral character and also have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S.
  • In U.S. should have resided for at least five years and physically present at least, immediately preceding the date of filing the application, 30 months out of the 5 years. Residence and physical presence requirement need not be met if applicant has filed while in service or just 6 months before partly from service.

Naturalization through Qualifying Service

Honorable service of even one day in the U.S. armed forces during designated period of hostilities makes the member eligible under section 329 of the INA through such military service for naturalization. Such members should meet the following requirements:

  • Member should have served honorably for any amount of time during a designated period of hostilities in active-duty status or as a member of the Selected Reserve of the Ready Reserve and also parted from honorably
  • At any time after induction or recruitment member should have been lawfully admitted as a permanent resident or should have been physically present in U.S. at least
  • English basic knowledge to read, write, and speak
  • Possess knowledge about U.S. history and government
  • During all relevant periods under the law should be a person with a good moral character and also have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S

There is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:

  • April 6, 1917 to November 11, 1918
  • September 1, 1939 to December 31, 1946
  • June 25, 1950 to July 1, 1955
  • February 28, 1961 to October 15, 1978
  • August 2, 1990 to April 11, 1991
  • September 11, 2001 until the present until President issues an Executive Order terminating the period.

Naturalization Application Processing  

No filing or biometrics fees for service members. They should complete the Application for Naturalization Form N-400 and Form N-426 request for Certification of military or naval service which shows the period of honorable service certified by military.

A designated point of contract present at every military installation handles the Form-400 application and Form N-426. Information of the POC, who helps with the application packet, can be got from your chain of command. POC assists you with the Certification of INS forms N-426, fingerprinting information and how to comply with the fingerprinting requirement and also Form N-400 submission at the following address:

The Nebraska Service Center
PO Box 87426
Lincoln, NE 68501-7426

The NSC will review the application after receipt and send it to the USCIS office closest to your location. You may provide the information about your preferred place for interview in a cover letter attached to your naturalization packet. Interview date to determine your eligibility for naturalization will be set by USCIS. Subsequently USCIS will inform you of the date you can take the oath of allegiance if your application for naturalization is approved.

Posthumous Citizenship for Military Members

Under section 329 A of INA  individuals who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred while serving in an active duty status during specified periods of military hostilities, as listed above, may be eligible for posthumous citizenship. Application for Posthumous Citizenship INS Forms N-644 must be filed within 2 years of death on behalf of the deceased service member and after approval in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death a Certificate of Citizenship will be issued.

Did you know Washington wasn’t the first US president?

 

 

Technically the first president of the United States was not George Washington. Elected by Congress to be “President of the United States in Congress Assembled”, it was John Hanson, who at the time was considered a black man because of his Moorish roots, the first US president. Before George Washington’s celebrated term there were six others elected this way.

To the Provincial Legislature of Maryland in 1775 John Hanson was elected. He distinguished himself as a brilliant administrator when he became a member of Congress in 1777. So in 1781 he was elected President.

All foreign troops were orders off American soil, as well as the removal of all foreign flags by Hanson as President. Since the days following Columbus so many European countries had a stake in the United States and so this was quite a feat.

The Great Seal of the US was established by John Hanson and that all Presidents have since been required to use on all official documents. Also the first Treasury Department, the first Secretary of War, and the first Foreign Affairs Department were established by President John Hanson. Also the fourth Thursday of every November was to be Thanksgiving Day, was also declared by him, which is still true today. 

Elias Boudinot (1783), Thomas Mifflin (1784), Richard Henry Lee (1785), Nathan Gorman (1786), Arthur St. Clair (1787), and Cyrus Griffin (1788) the six other presidents were elected after him and all prior to Washington taking office.  It’s quite simple why we don’t ever hear about the first seven Presidents of US, it’s because the Articles of Confederation didn’t work well. The individual states had too much power and nothing could be agreed upon. A new doctrine needed to be written – something we know as the Constitution.

Definitely George Washington was not the first President of the US. He was the first President of the United States under the Constitution we follow today. And the first seven Presidents are forgotten in history.

Aware of eligibility criteria for most TN jobs in US?

 

 

For citizens of Canada and Mexico who are coming to work in the U.S. in specific professional positions the TN visa categories are reserved.  A professional job is generally described within the immigration context as a job requiring at least a Bachelor’s degree or equivalent college-level education. This remains true for the TN visa category.

For the TN status eligibility both the occupational classifications and educational and / or professional requirements for each position are specified in the NAFTA agreement. A primary requirement of at least a college-level (Bachelor’s) degree is a must for all jobs listed in the Appendix 1603.D.1 of the NAFTA agreement with exception of the Scientific Technician/Technologist, Psychologist, and Registered Nurse jobs. Instead they require a state and /or provincial license for which a level of college education is required.

Alternative requirements to the Bachelor’s degree for several TN jobs are also listed in the NAFTA agreement. So instead of a formal degree a prospective applicant could have acquired some college-level education plus professional experience too. To determine if the prospective applicant qualifies for TN status employers should carefully review the requirements for the intended TN job category.

Particular Job Categories Issues

Due to additional licensing, certification, or practical considerations there are certain TN visa job classifications that can become particularly complex while applying using INS forms. For hiring a Canadian or Mexican citizen to work in one of these categories a U.S. employer is advised to take guidance from an experienced immigration attorney. Some of the issues are summarized as follows:

Physicians – A TN Physician cannot participate in residencies, internships, or direct patient care even if he/she is graduated from the best U.S. medical school. The job duties restriction to only teaching and/or research activities should be mentioned in the U.S. job offer letter.

Scientific Technician/Technologist – Use of scientific principles, research and development, and/or scientific observations and calculations are involved in this position and direct support to a professional in one of the sciences by the U.S. job is a must to qualify. The supervising professional managing, coordinating, and reviewing the work of the TN Scientific Technician/ Technologies and the TN employee’s activities providing input to the supervising professional’s own work, both the positions need to be interrelated. TN status employee does not qualify to perform maintenance of scientific technology after it has been installed.

Health Care Workers – Additional licensing and certification are required for all non-immigrant health care workers including TN employees. They must

1.         Document that like any other U.S. health care worker they have same level of foreign education or experience.

2.         Pass competency exam in English language which is nationally recognized and

3.         Pass a specific profession licensing examination recognized by majority of states.

Nurses, physical and occupational therapists, and medical technologists come under this category in the TN context and regardless of where the health care worker received his or her medical training they need to meet above requirements.

Job requirements outlined in the NAFTA agreement are very complex and so U.S. companies are advised to seek the guidance of an experience immigration attorney when they sponsor Canadian or Mexican for TN visa in the occupations of Physicians, Scientific Technicians/Technologists, Nurses, Physical and Occupational Therapists, and Medical Technologists.

 

 

On Constitution Day and Citizenship Day USCIS Announces Grant Recipients for FY 2012

 

 

As part of its celebration of Constitution Day and Citizenship Day, U.S. Citizenship and Immigration Services (USCIS) announced on Sept. 17, 2012,  the award of approximately $5 million in grants designed to promote immigrant civic integration and prepare permanent residents for citizenship. Under this program, 31 immigrant-serving organizations from 21 states and the District of Columbia will receive federal funding to support citizenship preparation services for permanent residents through September 2014.

Background information

This is the fourth year USCIS has awarded competitive grant funding to immigrant-serving organizations to support citizenship preparation efforts. During the first three years of the program, USCIS awarded a total of $18.3 million through 111 grants to immigrant-serving organizations. To date, these organizations have provided citizenship preparation services to approximately 38,000 permanent residents in 30 states and the District of Columbia. USCIS anticipates an additional 26,000 permanent residents will receive citizenship preparation services by September 2014.

Under this year’s program, grant recipients will offer citizenship instruction to prepare permanent residents for the civics and English components of the naturalization test, and naturalization application services within the scope of the authorized practice of immigration law. The period of performance for the grants is two years.

Which organizations are recipients?

Recipients are public or private nonprofit organizations with recent experience providing citizenship instruction and naturalization application services to permanent residents. They include public school systems, public libraries, community and faith-based groups, adult education organizations, and literacy organizations.

Recipient organizations are geographically diverse and represent both traditional immigrant destinations and new immigrant gateways across 21 states and the District of Columbia. Grant recipients plan to provide citizenship instruction and naturalization application services to approximately 10,000 permanent residents from 50 countries. Grant recipients represent:

Eight of the top 10 states with the largest permanent resident populations eligible to naturalize (California, New York, Texas, Florida, Illinois, Massachusetts, Washington and Virginia);

Nine of the top 10 states with the largest growth in the proportion of permanent residents in the past 10 years (California, New York, Florida, Texas, Illinois, Massachusetts, Virginia, Georgia and Maryland);

Seventeen of the top 20 states with the largest numbers of annual naturalizations (California, New York, Florida, Texas, Illinois, Massachusetts, Virginia, Maryland, Washington, Georgia, Pennsylvania, Michigan, North Carolina, Minnesota, Ohio, Connecticut and Colorado); and

Eleven of the top 15 metropolitan areas with the greatest numbers of new permanent residents in the past 10 years (New York City, Los Angeles, Miami, Washington DC, Chicago, Houston, Boston, Atlanta, Philadelphia, San Jose and Seattle).

Contact Information

For additional information on the FY 2012 Citizenship and Integration Grant Program, please contact the USCIS Office of Citizenship by phone at 202-272-1310 or by email at citizenshipgrantprogram@dhs.gov. To learn more about applying for federal funding opportunities, please visit http://www.grants.gov or contact the Grants.gov support line at 800-518-4726.

Aware of who can petition for visa using INS Forms I-140?

Do you as an employer in US want to sponsor for a foreign national to work on a permanent basis for you? Then for an immigrant visa based on employment USCIS needs to be petitioned with Form I-140.  Prior to filing the form, labor certification must be filed and got approved in order to show that there are no qualified workers available at that time in US. For every job change the employee requires a new INS forms I-140. Information about dependent spouse and children of the alien employee should be provided in Form I-140.

The US employer needs to file the petition for:

  1. Researcher or professor with internationally recognized outstanding experience in teaching or research in any academic area.
  2. Person already working with that employer for 3 years prior to filing the petition and also working in a executive or managerial capacity for at least 1 year wanting to enter US to continue rendering service for same employer or a subsidiary as a manager or executive.
  3. Any professional member holding advanced degree or with outstanding skill in the field of science, art or business and whose employment would benefit the economy, cultural interests and welfare of United States.
  4. Worker who is unskilled or skilled requiring less than 2 years of training and experience for jobs for which no qualified workers are available in US.
  5. Baccalaureate degree holder

 Documents required as evidences to file INS forms I-140

1)      Labor certification:  From the US department of Labor (DOL) original Program Electronic Review Management (PERM) labor certification is required for petitions of certain categories.  ‎To establish there are insufficient workers capable and available in US to do the job post offered to the alien worker the labor certification is required. Also proof that this will not affect wages and working conditions of already employed US workers is required. Using Form ETA-9089 employer can apply for labor certification. These certifications are valid only for 180 days from date of issue prior to which the Form I-140 petitions would be accepted.

2)      Able to pay wage: The proffered wage paying capability should be with the employer and as a proof for same audited financial statements, annuals report copies and federal tax returns copies should be submitted along the petitions. IRS tax number or social security number must be provided by US employers in Form I-140.

3)      Premium processing: Form I-907 with service center information where the INS Forms I-140 petition is pending and filing fee of $1225 should be submitted for quick processing.

Form Submission and fee details

Form I-140 along with the Application to Register Permanent Residence or Adjustment of status Form I-485 called concurrent filing can be done. The Form I-140 petition must be filed at the USCIS Dallas Lockbox facility. Address is as follows:
For postal service of US:
 
USCIS
PO Box 660867
Dallas, TX 75266

For Express and courier deliveries:

USCIS
Attn: AOS
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

Filing fee is $580 can be paid as money order or check payable to U.S. Department of Homeland Security spelled out in full and not as initials like DHS.USCIS will determine whether the applicant is eligible for requested benefit and decision will be notified in writing to the applicant.

‘Interesting and popular’ option for US citizenship is EB-5 investor program.

 

USA’s EB-5 investment program should be considered by individuals thinking about settling in US. With an investment of $500,000 and creating jobs in US, this helps high-net-worth investor to become US citizen.

The investor, spouse and children under age of 21 would be given conditional green card as a benefit of the program. Through this program investors can continue managing other business interests or even seek US employment. IT also enables investor’s children to pay college fees at the same rate as US citizens and after five years gives opportunity to apply for US citizenship filing Form N-400.

Mark Gilbert, Immigration into America.com said: “The US remains an attractive choice and the EB-5 visa financial requirements make it affordable for many. I have no doubt that this program will continue to attract interest from investors wanting to enjoy the US lifestyle.”

At a Place in the Sun Live, Immigration into America will be on Stand FP11, between the 28th-30th September 2012 and which will take place at NEC Birmingham. More explanation about how the program works will be given.

With daily seminars on the subjects of real estate investment in the US and the types of investment which fall under the EB-5 program, at the show will be EB-5 investor services who will be explaining more about the EB-5 investor program. Space at their stand (FP3) is limited – so come early and reserve your spot.