Green Card - Legal Permanent Resident

Who is a Green Card Holder (Permanent Resident)?

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

 Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

• an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older
• a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older
• a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder
• a member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

Becoming a Naturalized U.S. Citizen

Free Information Sessions

USCIS regularly holds information sessions for the public. These sessions will help permanent residents and others interested in naturalization learn about naturalization eligibility, testing, and citizenship rights and responsibilities. See the table below for upcoming events in your area. Each session is free of charge and open to the public. Topics covered at these sessions will include:

• naturalization eligibility requirements
• the naturalization process
• the naturalization test
• rights and responsibilities of U.S. citizenship

Find a citizenship class by going to http://www.literacydirectory.org/

Citizenship Rights and Responsibilities

Citizenship is the common thread that connects all Americans. We are a nation bound not by race or religion, but by the shared values of freedom, liberty, and equality.

Throughout our history, the United States has welcomed newcomers from all over the world. The contributions of immigrants have helped shape and define the country we know today. More than 200 years after our founding, naturalized citizens are still an important part of our democracy. By becoming a U.S. citizen, you too will have a voice in how our nation is governed.

The decision to apply is a significant one. Citizenship offers many benefits and equally important responsibilities. By applying, you are demonstrating your commitment to this country and our form of government.

Below you will find several rights and responsibilities that all citizens should exercise and respect. Some of these responsibilities are legally required of every citizen, but all are important to ensuring that America remains a free and prosperous nation.

Rights:

• Freedom to express yourself.
• Freedom to worship as you wish.
• Right to a prompt, fair trial by jury.
• Right to vote in elections for public officials.
• Right to apply for federal employment.
• Right to run for elected office.

Responsibilities:

• Support and defend the Constitution.
• Stay informed of the issues affecting your community.
• Participate in the democratic process.
• Respect and obey federal, state, and local laws.
• Respect the rights, beliefs, and opinions of others.
• Participate in your local community.
• Freedom to pursue “life, liberty, and the pursuit of happiness.”
• Pay income and other taxes honestly, and on time, to federal, state, and local authorities.
• Serve on a jury when called upon.
• Defend the country if the need should arise.

Preparing for the Naturalization/Citizenship Test

Studying for the Test:

During your naturalization interview, a USCIS Officer will ask you questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver. The English test has three components: reading, writing, and speaking. The civics test covers important U.S. history and government topics. See below to learn more about the test and the free study tools available to help you prepare.

Speaking Test – Your ability to speak English will be determined by a USCIS Officer during your eligibility interview on Form N-400, Application for Naturalization.

Reading Test – You must read one out of three sentences correctly to demonstrate an ability to read in English.

Writing Test – You must write one out of three sentences correctly to demonstrate an ability to write in English.

Civics Test – There are 100 civics questions on the naturalization test. During your naturalization interview, you will be asked up to 10 questions from the list of 100 questions. You must answer correctly at least six (6) of the 10 questions to pass the civics test.

You have two opportunities to take the English and civics tests per application. If you fail any portion of the test during your first interview, you will be retested on the portion of the test that you failed within 90 days.

Find Help in Your Community:

Many community organizations and social service providers offer citizenship classes and assistance with the naturalization process. Classes are often held in the evenings and on weekends. In many cases, these programs provide additional support and referral services as well.

If you need help with an immigration issue, you can use the services of a licensed immigration attorney or accredited representative of a Board of Immigration Appeals recognized organization.

Other resources may be available in your community. The NALEO Educational Fund's directory of Citizenship Centers has a selection of service providers in each state.

Steps for Becoming a Naturalized U.S. Citizen

To apply for naturalization, you will need to file Form N-400, Application for Naturalization. Be sure that you meet all eligibility requirements before you apply. Certain exceptions and modifications are available to those who qualify. Below you will find a general description of the application process. Items such as a naturalization eligibility worksheet and document checklist are available to help you prepare.

General Steps in the Process
• Determine if you are eligible to apply for citizenship.
• Download Form N-400, Application for Naturalization.
• Complete your application.
• Have two passport-style photographs taken.
• Collect the necessary documents.
• Send your application package and filing fee to the appropriate Lockbox Facility or Service Center.
• Receive an appointment letter for biometric services from USCIS.
• Visit a USCIS fingerprinting location and have fingerprints taken.
• Receive an appointment for an interview with a USCIS Officer.
• Go to your local USCIS office at the specified time.
• Bring state-issued identification, Permanent Resident Card, and any additional documents specific to your case.
• Answer questions about your application and background.
• Take the English and civics tests.
• Await a decision on your case.

USCIS Improves Processing for Naturalization and Citizenship Forms

U.S. Citizenship and Immigration Services (USCIS) is enhancing the filing process for select forms dealing with naturalization and citizenship (N-Forms). Beginning Oct. 30, 2011, the new process will allow individuals to file N-Forms at a secure Lockbox facility instead of our local offices. This change streamlines the way forms are processed, accelerates the collection and deposit of fees and improves the consistency of our intake process.

Individuals should begin submitting affected forms directly to the appropriate Lockbox beginning Oct. 30, 2011. Forms received by local USCIS offices during a transition period between Oct. 30 and Dec. 2, 2011, will be forwarded to the USCIS Lockbox facility for processing. Forms received at local USCIS offices after Dec. 2, 2011, will no longer be forwarded but will be returned to the individual with instructions on how to re-file at a designated USCIS Lockbox facility. USCIS will centralize intake of Forms N-336, N-600 and N-600K at the Phoenix Lockbox facility. The Dallas Lockbox facility will handle the Form N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

The following table lists N-Forms affected by this filing change:

Affected N-Forms	Date that Lockbox starts accepting N-Forms	Last receipt date that local offices will forward N-forms to Lockbox
N-300, Application to File Declaration of Intention           N-336, Request for a Hearing on a Decision in Naturalization Proceedings            N-600, Application for Certificate of Citizenship            N-600K, Application for Citizenship and Issuance of Certificate Under Section 322	Sunday, Oct. 30, 2011	Friday, Dec. 2, 2011

USCIS has updated the information on our N-Form Web pages regarding filing forms at a Lockbox to clearly identify this change in procedure. Please carefully read the form instructions before filing your form to ensure that you are filing the correct form type at the correct location. Any individual submitting the wrong form type for the benefit sought will not receive a fee refund. Instead, individuals will have to re-apply using the correct form and pay a new fee.

Naturalization – Becoming a Citizen

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

• Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
• Be a permanent resident (have a “green card”) for at least 5 years.
• Have lived within the state or USCIS district with jurisdiction over your place of residence for at least 3 months prior to the date of filing Form N-400.
• Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing Form N-400.
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
• Be able to read, write, and speak basic English.
• Have a basic understanding of U.S. history and government (civics).
• Be a person of good moral character.
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

Why You Should Become a Citizen?

As a permanent resident, you have most of the rights of U.S. citizens. However, there are many important reasons to consider U.S. citizenship. Citizenship offers new rights and privileges, but comes with equally important responsibilities. As a citizen you can:


• Vote.
Only citizens can vote in federal elections. Most states also restrict the right to vote, in most elections, to U.S. citizens.


• Serve on a jury.
Only U.S. citizens can serve on a federal jury. Most states also restrict jury service to U.S. citizens. Serving on a jury is an important responsibility for U.S. citizens.


• Travel with a U.S. passport.
A U.S. passport enables you to get assistance from the U.S. government when overseas, if necessary.


• Bring family members to the U.S.
U.S. citizens generally get priority when petitioning to bring family members permanently to this country.


• Obtain citizenship for children under 18 years of age.
In most cases, a child born abroad to a U.S. citizen is automatically a U.S. citizen.


• Apply for federal jobs.
Certain jobs with government agencies require U.S. citizenship.


• Become an elected official.
Only citizens can run for federal office (U.S. Senate or House of Representatives) and for most state and local offices.


• Keep your residency.
A U.S. citizen’s right to remain in the United States cannot be taken away.


• Become eligible for federal grants and scholarships.
Many financial aid grants, including college scholarships and funds given by the government for specific purposes, are available only to U.S. citizens.


• Obtain government benefits.
Some government benefits are available only to U.S. citizens.

DHS Announces 18-Month Extension of Temporary Protected Status for Sudan and Designation for South Sudan

Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

U.S. Citizenship and Immigration Services (USCIS) strongly encourages nationals from these countries (and persons with no nationality who last habitually resided in either country) to review the Federal Register notices for the extension and the new designation published today and follow the instructions on how to file an initial or re-registration application for TPS.

The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Secretary Napolitano also designated South Sudan for TPS due to similar ongoing armed conflict and extraordinary and temporary conditions.

TPS only applies to eligible Sudanese or South Sudanese nationals who have continuously resided in the United States since Oct. 7, 2004. There are approximately 340 individuals who DHS anticipates will be eligible either to re-register for TPS for Sudan or to obtain TPS under the South Sudan designation.

All individuals registering for TPS under the new designation for the Republic of South Sudan or re-registering for TPS under the extension for Sudan must file a Form I-821, Application for Temporary Protected Status, and a Form I-765, Application for Employment Authorization, accompanied by any required fees or a fee waiver request. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the TPS application package.

Further details on the Sudan TPS extension and South Sudan TPS designation, including information regarding the application requirements and procedures, are available at www.uscis.gov/tps and in the Federal Register notices published Oct. 13, 2011.

TPS forms are free and available online at www.uscis.gov/forms or by calling the toll-free USCIS Forms line at 1-800-870-3676. Applicants may also request more information by contacting USCIS’s National Customer Service Center toll-free hotline at 1-800-375-5283.

USCIS Announces "Entrepreneurs in Residence" Initiative

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh to announce “Entrepreneurs in Residence.” This new innovative initiative will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. Mayorkas announced the initiative at the Jobs Council’s High Growth Entrepreneurship Listening and Action Session at AlphaLab in Pittsburgh before the Council’s quarterly meeting with President Obama.

“This initiative creates additional opportunities for USCIS to gain insights in areas critical to economic growth,” said Director Mayorkas. “The introduction of expert views from the private and public sector will help us to ensure that our policies and processes fully realize the immigration law’s potential to create and protect American jobs.”

USCIS will launch the “Entrepreneurs in Residence” initiative with a series of informational summits with industry leaders to gather high-level strategic input. Informed by the summits, the agency will stand up a tactical team comprised of entrepreneurs and experts, working with USCIS personnel, to design and implement effective solutions. This initiative will strengthen USCIS’s collaboration with industries, at the policy, training, and officer level, while complying with all current Federal statutes and regulations.

The initiative builds upon USCIS’s August announcement of efforts to promote startup enterprises and spur job creation, including enhancements to the EB-5 immigrant investor visa program. Since August, USCIS is:

·         Conducting a review of the EB-5 process

·         Working with business analysts to enhance the EB-5 adjudication process

·         Implementing direct access for EB-5 Regional Center applicants to reach adjudicators quickly; and

·         Launching new specialized training modules for USCIS officers on the EB-2 visa classification and L-1B nonimmigrant intra-company transferees.

USCIS Filing Fees

FORM NUMBER	TITLE	FEE	BIOMETRICS
I-90	Application to Replace Permanent Resident Card	$365	$85
	If filing to renew your card within 30 days of turning 14 years of age and the existing card will expire before your 16th birthday.	$365	$85
	If filing to renew your card within 30 days of turning 14 years of age and the existing card will not expire before your 16th birthday.	No Fee	$85
	If filing because your card was issued incorrectly due to USCIS error.	No Fee	N/A
	If filing because you never received your card.	No Fee	N/A
I-102	Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	$330	N/A
	If you were issued an I-94, I-94W, or I-95 with incorrect information and you are requesting that USCIS correct the document.	No Fee	N/A
	If you were not issued a Form I-94 when entering as a nonimmigrant member of the military and are now filing for an initial I-94.	No Fee	N/A
I-129	Petition for a Nonimmigrant Worker NOTE: Certain employers filing H-1B or L-1 petitions must submit supplemental fees of $750 or $1,500 or a Fraud Prevention and Detection fee of $500. Those petitioners required to submit the $500 Fraud Prevention and Detection fee may also be required to submit either an additional $2,000 (H-1B) or $2,250 (L-1) fee mandated by Public Law 111-230, as amended by Public Law 111-347. To determine if you are required to pay one or more of these fees, see Form I-129 instructions on Pages 22 and 23. Employers filing H-2B petitions must submit a Fraud Prevention and Detection fee of $150.	$325	N/A
I-129F	Petition for Alien Fiancé(e)	$340	N/A
	For K-3 status based on Form I-130, Petition for Alien Relative, filed by the same U.S. citizen husband or wife.	No Fee	N/A
I-129S	Nonimmigrant Petition Based on Blanket L Petition NOTE: Certain petitions must be accompanied by a $500 Fraud Prevention and Detection fee. Additionally, those petitions which include the $500 fee may also require the $2,250 fee mandated by Public Law 111-230, as amended by Public Law 111-347. To determine if you are required to pay one or more of these fees, see the Form I-129S instructions.	No Fee	N/A
I-130	Petition for Alien Relative	$420	N/A
I-131	Application for Travel Document If filing for a Reentry Permit.	$360	$85
	If filing for an Advance Parole Document.	$360	N/A
	If filing for a Refugee Travel Document for an adult age 16 years of age or older.	$135	$85
	If filing for a Refugee Travel Document for a child under 16 years of age.	$105	$85
	If filing in conjunction with a pending or concurrently filed Form I-485 when that application was filed with a fee on or after July 30, 2007.	No Fee	N/A
I-140	Immigrant Petition for Alien Worker	$580	N/A
I-191	Application for Advance Permission to Return to Unrelinquished Domicile	$585	N/A
I-192	Application for Advance Permission to Enter as a Nonimmigrant	$585	N/A
I-193	Application for Waiver of Passport and/or Visa	$585	N/A
I-212	Application for Permission to Reapply for Admission Into the United States After Deportation or Removal	$585	N/A
I-290B	Notice of Appeal or Motion NOTE: The fee for Form I-290B may be waived. See Form I-290B instructions on Page 3. No fee is required when Form I-290B is filed to appeal a denial of a petition for a special immigrant visa by a Special Immigrant Iraqi or Afghan national who worked on behalf of the U.S. Government in Iraq or Afghanistan.	$630	N/A
I-360	Petition for Amerasian, Widow(er) or Special Immigrant	$405	N/A
	If filing for an Amerasian special immigrant.	No Fee	N/A
	If self-petitioning as a battered or abused spouse, parent or child of a U.S. citizen or lawful permanent resident.	No Fee	N/A
	If filing for a Special Immigrant Juvenile.	No Fee	N/A
	If filing as an Iraqi or Afghan national who worked for or on behalf of the U.S. Government in Iraq or Afghanistan.	No Fee	N/A
I-485	Application to Register Permanent Residence or Adjust Status	$985	$85
	If filing for adjustment and over 79 years of age.	$985	N/A
	If under the age of 14 years and – Filing with the I-485 application of at least one parent. NOT filing with the I-485 application of at least one parent.	$635	N/A
		$985	N/A
	If filing for adjustment as a refugee under section 209(a) of the Immigration and Nationality Act (the Act).	No Fee	N/A
I-485A	Supplement A to Form I-485, Adjustment of Status Under Section 245(i)	$1,000	N/A
	If an unmarried child under 17 years of age	No Fee	N/A
	If an unmarried son or daughter of a legalized alien and under the age of 21 years.	No Fee	N/A
	If the spouse of a legalized alien under the Family Unity Program.	No Fee	N/A
I-526	Immigrant Petition by Alien Entrepreneur	$1,500	N/A
I-539	Application to Extend/Change Nonimmigrant Status	$290	N/A
	Applying for “V” nonimmigrant.	$290	$85
	If filing for a change in status from A1, A2, G1, G2, G3, or G4 Current Nonimmigrant Status.	No Fee	N/A
I-589	Application for Asylum and for Withholding of Removal	No Fee	N/A
I-600A	Application for Advance Processing of Orphan Petition NOTE: A biometric services fee must be paid for the applicant, his or her spouse (if applicable) and each adult household member over 18 years of age. Previously Approved Form I-600A: If you already have an approved Form I-600A that is about to expire and you have not yet filed a Form I-600 petition, you can request one free extension of your Form I-600A by filing a new Form I-600A without the fee before the initial approval expires.	$720	$85
I-600	Petition to Classify Orphan as an Immediate Relative	$720	$85
	If based on an approved I-600A filed within the previous 18 months.	No Fee	N/A
	If based on a pending I-600A.	No Fee	N/A
	NOTE: When the petition is for siblings, only one Form I-600 with one fee ($720) is required. A biometric services fee must also be submitted for the petitioner's spouse (if applicable) and each adult household member over 18 years of age. When more than one petition is submitted by the same petitioner on behalf of an orphan who are siblings, only one fee for Form I-600 and biometric services is required, unless re-fingerprinting is ordered. If the orphans are not siblings, a separate filing fee must be submitted for each additional Form I-600.	No Fee	N/A
I-601	Application for Waiver of Grounds of Inadmissibility	$585	N/A
I-612	Application for Waiver of Foreign Residence Requirement	$585	N/A
I-687	Application for Status as a Temporary Resident Under Section 245A of the INA	$1,130	$85
I-690	Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the INA	$200	N/A
I-694	Notice of Appeal of Decision Under Section 210 or 245A	$755	N/A
I-698	Application to Adjust Status From Temporary to Permanent Resident(Under Section 245A of the INA) NOTE: The adjustment date is the date of filing of the application for permanent residence or the applicant's eligibility date, whichever is later.	$1,020	$85
I-730	Refugee/Asylee Relative Petition	No Fee	N/A
I-751	Petition to Remove Conditions on Residence NOTE: Each conditional resident child listed on the form who is seeking to remove their conditional status is required to submit the biometric service fee regardless of age.	$505	$85
I-765	Application for Employment Authorization See Form I-765 instructions for fee exemptions on Page 7.	$380	N/A
I-800	Petition to Classify Convention Adoptee as an Immediate Relative	$720	N/A
	Filing the first Form I-800 for a child on the basis of an approved Form I-800A.	No Fee	N/A
	If more than one Form I-800 is filed during the approval period for different children and the children are siblings before the proposed adoption.	No Fee	N/A
I-800 A	Application for Determination of Suitability to Adopt a Child from a Convention Country NOTE: A biometric services fee must be paid for the applicant, his or her spouse (if applicable), and each adult household member over 18 years of age.	$720	$85
Supp. 3	Request for Action on Approval on Approved Form I-800A	$360	$85
	If requesting first extension of the approval of Form I-800A and you have not yet submitted Form I-800 on behalf of a specific child.	No Fee	N/A
	If requesting a first time change in a Convention Country that was not previously included in your home study recommendation and I-800A approval notice, and you have not yet submitted Form I-800 on behalf of a specific child, and you are not requesting an extension.	No Fee	N/A
I-817	Application for Family Unity Benefits	$435	$85
I-821	Application for Temporary Protected Status	$50	$85
	Re-registration NOTE: You must submit a biometric services fee if you are 14 years of age or older.	No Fee	$85
I-824	Application for Action on an Approved Application or Petition	$405	N/A
I-829	Petition by Entrepreneur to Remove Conditions	$3,750	$85
I-881	Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA) If filed with USCIS	$285	$85
	Maximum payable by family when filed together (spouses and unmarried children)	$570	$85
	If filed with the Immigration Court (Executive Office of Immigration Review).	$165	$85
	If USCIS refers the application to the Immigration Court. NOTE: Single fee will be charged by the court whenever applications are filed by two or more applicants in the same proceedings.	No Fee	N/A
I-905	Application for Authorization to Issue Certification for Health Care Workers	$230	N/A
I-907	Request for Premium Processing Services NOTE: This fee is in addition to the required filing fee for the related application or petition. This fee must be paid in separate remittance from the other filing fees.	$1,225	N/A
I-914	Application for T Nonimmigrant Status	No Fee	N/A
I-918	Petition for U Nonimmigrant Status	No Fee	N/A
I-924	Application for Regional Center Under the Immigrant Investor Pilot Program	$6,230	N/A
I-929	Petition for Qualifying Family Member of a U-1 Nonimmigrant	$215	N/A
N-300	Application to File Declaration of Intention	$250	N/A
N-336	Request for Hearing on a Decision in Naturalization Proceedings(Under Section 336 of the INA) NOTE: There is no fee if filed on or after October 1, 2004, by an applicant who has filed an Application for Naturalization under sections 328 or 329 of the Act with respect to military service and whose application has been denied. 36 of the INA)	$650	N/A
N-400	Application for Naturalization	$595	$85
	If filing through service in the U.S. Armed Forces (relating to Sections 328 or 329of the INA).	No Fee	N/A
N-470	Application to Preserve Residence for Naturalization Purposes	$330	N/A
N-565	Application for Replacement Naturalization/Citizenship Document	$345	N/A
	If the certificate or declaration is incorrect.	No Fee	N/A
N-600	Application for Certificate of Citizenship	$600	N/A
	If filing on behalf of a biological child	$600	N/A
	If filing for an adopted child	$550	N/A
	If filing through service in the U.S. Armed Forces (relating to Sections 328 or 329 of the Act).	No Fee	N/A
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	$600	N/A
	If filing for an adopted child	$550	N/A
N-644	Application for Posthumous Citizenship	No Fee	N/A

Fees are effective as of November 2010.

Department of Justice Challenges Alabama Immigration Law

The U.S. Department of Justice challenged the state of Alabama’s recently passed immigration law, H.B. 56, in federal court on August 1, 2011.

In a complaint and brief filed in the Northern District of Alabama, the department said that various provisions of H.B. 56 conflict with federal immigration law and undermine the federal government’s careful balance of immigration enforcement priorities and objectives. The brief filed on August 1 makes it clear that, while the federal government values state assistance and cooperation with respect to immigration enforcement, a state cannot set its own immigration policy, much less pass laws that conflict with federal enforcement of the immigration laws.

Alabama’s law is designed to affect virtually every aspect of an unauthorized immigrant’s daily life, from employment to housing to transportation to entering into and enforcing contracts to going to school. H.B. 56 further criminalizes mere unlawful presence and, like Arizona’s law, expands the opportunities for Alabama police to push aliens toward incarceration for various new immigration crimes by enforcing an immigration status verification system.

Consistent with the department’s position in United States v. Arizona, in which the department last year successfully obtained a preliminary injunction against Arizona’s S.B. 1070, the brief said that the mandates that H.B. 56 imposes on Alabama law enforcement may also result in the harassment and detention of foreign visitors, legal immigrants and even U.S. citizens who may not be able to readily prove their lawful status. In addition, H.B. 56 will place significant burdens on federal agencies, diverting their resources away from dangerous criminal aliens and other high-priority targets. In addition to interfering with law enforcement, H.B. 56 imposes further burdens on children by demanding that students prove their lawful presence, which could discourage parents from enrolling their children in school.

“Today’s action makes clear that setting immigration policy and enforcing immigration laws is a national responsibility that cannot be addressed through a patchwork of state immigration laws,” said Attorney General Eric Holder. “The department is committed to evaluating each state immigration law and making decisions based on the facts and the law. To the extent we find state laws that interfere with the federal government’s enforcement of immigration law, we are prepared to bring suit, as we did in Arizona.”

“DHS continues to enforce federal immigration laws in Alabama and around the country in smart, effective ways that focus our resources on criminal aliens and employers who knowingly hire illegal labor, as well as continue to secure our border,” said Department of Homeland Security Secretary Janet Napolitano.

“Legislation like this diverts critical law enforcement resources from the most serious threats to public safety and undermines the vital trust between local jurisdictions and the communities they serve. We continue to support comprehensive reform of our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws.”

Birmingham Chief of Police A.C. Roper believes that the Alabama immigration law will hamper local law enforcement’s ability to police the community effectively. Roper stated that the law will require the Birmingham Police Department to “expend scarce resources on immigration matters at the expense of” municipal priorities.

The department filed the suit after consultation with the Alabama governor, Alabama attorney general and Alabama law enforcement officials. The suit was filed on behalf of the Departments of Justice, Homeland Security and State, which share responsibilities in administering federal immigration law, and the Department of Education was also consulted. The department has requested a preliminary injunction to enjoin enforcement of the law, parts of which go into effect on Sept. 1, 2011, arguing that the law’s operation will cause irreparable harm.

USCIS Will Give $9 Million to Help Future Citizens

On September 21, 2011, U.S. Citizenship and Immigration Services (USCIS) announced the award of $9 million in grants to expand citizenship preparation programs for permanent residents. Forty-two organizations from 27 states and the District of Columbia will receive funding.

The agency’s Citizenship and Integration Grant Program has assisted more than 19,000 permanent residents since its launch in October 2009.
“This important announcement embodies USCIS’s ongoing commitment to promote civic integration and citizenship among eligible permanent residents,” said USCIS Director Alejandro Mayorkas. “Recognizing the demand for high-quality citizenship preparation programs, this funding will provide greatly needed services to approximately 20,000 permanent residents striving to become U.S. citizens.”

Awards were granted through three competitive funding opportunities. The first provides funding for local citizenship instruction to prepare permanent residents for the civics and English (reading, writing and speaking) components of the naturalization test. The second supports citizenship instruction and naturalization application services within the scope of the authorized practice of immigration law. The third increases the capacity of members or affiliates of national organizations to provide citizenship preparation services in communities across the country.

The Citizenship and Integration Grant Program is part of a multifaceted effort to provide citizenship preparation resources, support, and information to immigrants and immigrant-serving organizations. USCIS complements this program with its Citizenship Resource Center, a Web-based portal that centralizes resources for immigrants, educators and organizations, and the Citizenship Public Education and Awareness Initiative, which was launched in May 2011.

This year’s announcement is part of USCIS’s celebration of Constitution Day and Citizenship Day, celebrated every Sept. 17 in honor of the signing of the U.S. Constitution in 1787. In 1952, President Harry Truman signed a bill formalizing the celebration of Citizenship Day. In 2004, Congress established Sept. 17 as Constitution Day and Citizenship Day.