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US IMMIGRATION UPDATES

IMMIGRATION / 18 JUL 2002

Expedited Naturalization; Child Status Protection Act; Alien Registration Rule; other Important Changes

By Vanessa S. Barcelona

		Immigration issues have always been an important subject for us, first or second generation immigrants to this nation. Whether we have already jumped over all the hoops and have obtained U.S. citizenship; whether we are lawful permanent residents still undecided over whether to eventually apply for U.S. citizenship when the time comes; or LPRs eagerly awaiting the naturalization interview; whether we are still in the process of applying for our "green card" and are here in non-immigrant status or worse, unlawful status; or whether we are part of the undocumented group still waiting for that next extension of 245(i).

After all, whatever our circumstances are, we do have friends and family to whom immigration is a very important issue.

Suddenly, though, it seems that immigration is a hot topic for everyone. It is a subject discussed in the streets, in your hair salon, in restaurants, on the bus, everywhere. This is, of course, good news and bad news. Friends or co-workers may inadvertently display to you their exclusionist ideas about how the borders have become too open and it has become too easy for "those aliens" to come in. It is a hotly contested topic on the radio or TV now, with experts with both conservative and liberal viewpoints invited to give you their views. You may have, by now, gotten to the point where you just want to tune it out, whether such ideas espoused are contrary or consistent with your own. Clearly, immigration is hot. And it is definitely "on the table" where our government representatives our concerned. Consider these:

On July 3, 2002, President Bush issued Executive Order #13269, allowing non U.S. citizen members serving in the armed forces of the United States, in active status since September 11, 2001, to be eligible for expedited naturalization, notwithstanding current ineligibility due to such requirements as residency and physical presence, which are waived. Normally, an applicant for U.S. naturalization is required to wait 5 years from the time of lawful permanent residency (or three years if married to a U.S. citizen); and is also required to show presence in the United States for at least 2 ½ years plus one day out of those 5 years.

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Unfortunately, those of us who are applying for naturalization at this time who are not in active duty must wait a little longer for our interviews, because of the additional background checks that must be completed before we are allowed to naturalize. This goes for all pending naturalization applications. We cannot do anything except to expect that there will be delays, and to be as patient as possible.

The Senate Judiciary Committee on two separate occasions in the last two months, addressed the very important issue of child protection. It has recently approved a bill that would allow students between the ages of 12 and 21, who have resided in the United States for more than five (5) years, to apply for adjustment of status upon their graduation from high school. This is a very, very important bill and one that we must all actively support. If passed, this can help so many of our presently undocumented children apply to college and be eligible not only for in-state tuition but also for scholarships, grants, etc. You are urged to let your local congressman or state senator know of your support of this bill.

In addition, the Senate Judiciary Committee in May of this year unanimously passed the Child Status Protection Act, which addresses the "age out" issue that has become such a problem for many families with pending applications for lawful permanent residency. Under our current immigration laws, a child who turns 21 while their application for lawful permanent residency is still pending becomes ineligible to proceed with the rest of the family. The proposal addresses this issue by determining eligibility at the time of filing. It is anticipated that this bill will be passed by both Houses of Congress and will be signed into law by the President before the end of this year.

The Department of Justice in June of 2002 proposed its Alien Registration Rule, requiring registration of non-immigrant aliens from certain countries to provide information at certain intervals (upon arrival, 30 days following arrival, every year, etc.). Of course, the Philippines would be one of those countries, because of our ties, however tenuous, to Al-Qaeda. Comments, by the way, are still being invited at this time, and you may submit them on the internet by writing the INS at insregs@usdoj.gov. Please mention INS No. 2216-02 in the subject heading.

Notwithstanding this proposed rule, however, please note that all non-U.S. citizens are required by Section 265 of the INA to report a change of address to the INS within 10 days of a move. The change of address form is AR-11 which you can obtain on the internet by going to the INS website and downloading the 1-page form, and sending it to the address at the bottom of the form (in Washington, D.C.). It is strongly advised that this requirement be complied with religiously, and that all correspondence be sent via certified mail, receipt requested.

We will, I am sure, be hearing more in the months to come. While it is clear that we shall be facing many challenges in the months ahead, what with increased police powers in determining immigration status, with homeland security issues in the forefront, etc. But it is also clear that very important issues to us, such as the protection of our children, many of whom had no choice when they entered the country and no control over their parents' immigration decisions, are also receiving serious consideration by our representatives.

VANESSA S. BARCELONA is a partner with the law offices of Barcelona & Pilarski, P.A. She obtained her law degree from the University of Florida. She is a member of the American Immigration Lawyers Association, the American Bar Association, and the Florida Bar. Please send all e-mails to: vsbarcelona@earthlink.net

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