Want to Bring Family to the U.S.? Naturalization Could be the Answer.

As the holidays approach, families are making plans to form new memories together, cooking, sharing gifts, and telling stories. However, many families live separated by borders and oceans. Parents long to see children and grandchildren, and children hope to help their parents as they age.

As of January 2019, there were an estimated 9.1 million permanent residents in the U.S. who were eligible for naturalization but had not yet applied. Naturalization is the process by which a permanent resident (green card holder) becomes a U.S. citizen, and it can make it possible to bring family members together in the U.S.

Permanent residents who are married to a U.S. citizen are eligible to apply for naturalization 90 days before the three-year anniversary of receiving their green card (approximately 2 years, 9 months after receiving the green card). The couple must have been living in continuous marital union for at least 3 years at the time the naturalization application is filed. Permanent residents not married to a U.S. citizen must wait until 90 days before the five-year anniversary of receiving the green card (approximately 4 years, 9 months).

The power of naturalization is most clear when an adult U.S. citizen brings a parent to the United States. For a permanent resident, there is no way to apply for a green card for a parent; the regulations simply do not allow it. However, once that green card holder becomes a U.S. citizen, not only may they apply for their parent’s green card, but their parent will not be subject to any green card backlog. Many green card holders aim to apply for citizenship as soon as they are eligible so that they have the opportunity to bring one or both parents to the United States.

For example, a U.S. citizen recently approached me for help bringing his 97 year old mother to the United States. She was living in a nursing home in Europe, and her son had learned that she was being physically mistreated. The son took quick action, preparing to care for her at his home in the U.S. As a U.S. citizen, he was able to apply for her green card immediately. We worked with the Department of State and a member of Congress to expedite every step of the case. Four months after we filed the first step of her green card application, she received her immigrant visa, and she was able to come to the U.S. as a permanent resident. If her son had been a permanent resident, this success story would not have been possible.

While green card backlogs change, these are the current backlog times for green card applications filed by a U.S. citizen or lawful permanent resident. If the relative being applied for is a citizen of China (mainland born), India, Mexico, or the Philippines, wait times may be longer. Wait times for relatives who are citizens of any other country are listed below:

• Parent

  • Permanent resident: Not eligible to petition for green card

  • U.S. citizen: No backlog if U.S. citizen is age 21 or older

• Spouse

  • Permanent resident: Approximately 4 years, 10 months

  • U.S. citizen: No backlog

• Unmarried child under age 21

  • Permanent resident: Approximately 4 years, 10 months

  • U.S. citizen: No backlog

• Married son or daughter age 21 or over

  • Permanent resident: Not eligible to petition for green card

  • U.S. citizen: Approximately 14 years, 11 months

• Brother or sister

  • Permanent resident: Not eligible to petition for green card

  • U.S. citizen: Approximately 16 years, 8 months if U.S. citizen is age 21 or older

In immigration, there is an exception to every rule. The current backlog for U.S. citizens applying for adult unmarried sons and daughters is actually slightly longer than that for permanent residents. Backlogs are always in flux, and this is subject to change.

• Unmarried son or daughter age 21 or over

  • Permanent resident: Approximately 8 years, 4 months

  • U.S. citizen: Approximately 8 years, 11 months

U.S. citizenship provides a significant advantage to people looking to apply for permanent residence for their parents, spouses, or unmarried children under age 21. Citizenship also makes it possible to apply for a married adult son or daughter or sibling, although wait times are lengthy for these categories. For more information on current backlogs, including wait times for citizens of China (mainland born), India, Mexico, or the Philippines, see the Department of State’s Visa Bulletin at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo credit: Daria Obymaha

USCIS Launches New Online Tool to Schedule In-Person Appointments

USCIS has created an important new tool that should make it easier to schedule in-person appointments for certain immigration benefits.

Over the years, USCIS has tried different methods of scheduling in-person appointments. Prior to 2019, USCIS used a system called InfoPass, which allowed attorneys and individuals to schedule in-person appointments for urgent or emergent matters. Beginning in September 2019, USCIS did away with InfoPass and instead required a person to call USCIS customer service and speak to several levels of representatives before a decision was made as to whether an appointment would be scheduled. This process has proven to be time-consuming, and it has made it difficult for individuals to have urgent needs addressed.

This all changed in August 2023, when USCIS introduced its new My Appointment online scheduling tool. Using this tool, individuals and attorneys are able to schedule appointments at USCIS Field Offices for ADIT Stamps serving as temporary evidence of lawful permanent residence status, emergency Advance Parole travel authorization, Immigration Judge Grants, and more.

USCIS will review online forms and schedule appointments with USCIS Field Offices as schedules permit. USCIS anticipates that this will streamline the process of scheduling important in-person appointment. While applicants may request specific appointment dates, USCIS does not guarantee that the requested appointment date will be scheduled.

You can find the new USCIS My Appointment tool at https://my.uscis.gov/en/appointment/v2

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo credit: Agus Dietrich

USCIS Ends Deadline Flexibilities

USCIS has officially ended its policy allowing additional time to respond to certain requests which began in March 2020 and was extended until March 23, 2023. This means that applicants will now once again be expected to adhere to the deadlines listed on all USCIS notices. This includes notices for which USCIS’ Covid policies allowed for additional flexibility, such as:

• 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;

• Notices of Intent to Withdraw Temporary Protected Status; and

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Fortunately, one Covid-era policy change has been made permanent: USCIS will continue to allow forms to be submitted with copies of original handwritten signatures.

For more information, see the official USCIS Announcement.

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo Credit: Jan Vasek

Can an Athlete Come to the U.S. as a Coach?

Once their playing days are over, many athletes choose to share their knowledge of the sport as coaches. This is a longstanding tradition that plays an important role in the development of young athletes around the world.

UPDATED GUIDANCE

O-1 visas are available to individuals who have extraordinary abilities in the sciences, arts, business, education, or athletics coming to the U.S. to work in their area of extraordinary ability. Historically, U.S. policy has been unclear on whether an athlete would be eligible to come to the U.S. on an O-1 visa to take a job as a coach in their area of expertise.

This year, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to clarify that an “acclaimed athlete coming to be a coach” is permitted to enter the U.S. in O-1 status to work in their “area of extraordinary ability” provided the other requirements of O-1 status are met.

WHAT IS THE AREA OF EXTRAORDINARY ABILITY?

USCIS interprets the phrase “area of extraordinary ability” broadly for O-1 visa purposes. Under this interpretation, the area of extraordinary ability includes not only the specific occupation in which the athlete has shown extraordinary ability, but also other occupations that involve shared skillsets, knowledge, or expertise.

The immigration statutes and regulations do not include a definition of the phrase “area of extraordinary ability.” When determining whether a coach is coming to work in their area of extraordinary ability, USCIS focuses on whether the planned work or services involve skillsets, knowledge, or expertise shared with the occupation(s) in which the athlete has garnered acclaim.

In determining whether occupations involve shared skillsets, knowledge, or expertise to an extent that they may be considered within the same area of extraordinary ability, officers evaluate the totality of information and evidence presented. Relevant factors include, but are not limited to:

• Whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise;

• Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise; and

• Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge.

NEXT STEPS

Every person’s immigration options will be different, and there may be options available beyond those outlined above based on an individual’s unique background. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that athletes schedule a consultation with an immigration attorney who focuses on athletes before applying for a visa or travelling to the United States. The information provided here is only intended as general information and is not a substitute for legal advice.

I have spent years helping athletes and others achieve their dreams in the United States, and I would be delighted to help you as you plan the next step in your career. To contact me directly, please fill out the form here.

Vance Berry, Principal Attorney

Photo credit: Braden Collum