Joseph Caraccio

RE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST

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NY

The N-400, Application for Naturalization to become a U.S. citizen includes an English exam and a civics exam. People are often nervous about this portion of the N-400 naturalization interview, but there is no need to be. If an applicant fails either the English or the civics portion of the test they will scheduled for a second interview for re-examination. When Can You Re-Take the N-400 Naturalization English/Civics Test? A minimum of 60 days must elapse before being scheduled for a re-examination of the civics and/or English portions of the naturalization exam. See 8 CFR 335.3(b) . Re-examination must take place no more than 90 days from the initial examination. The second N-400 interview should be scheduled within 60-90 days.  See 8 CFR 312.5(a). Re-Filing N-400 After Failing Examination Twice The 90 days rule applies only to re-examinations, which are not treated the same as when filing a new N-400 after an application is denied for failing the test twice.  You may refile after 60 days. From USCIS Policy Manual, Volume 12, Chapter 2, Section F: If an applicant fails any portion of the naturalization test a second time, the officer must deny the application based upon the applicant’s failure to meet the educational requirements for naturalization. USCIS Policy Manual  RELEVANT REGULATIONS  8 CFR 335.3(b) (re-examination no earlier than 60 days from initial examination).  8 CFR 312.5(a) (re-examination no later than 90 days from initial examination). USCIS POLICY MANUAL  Volume 12, Chapter 2, Section F (link) If an applicant fails any portion of the English test, the civics test, or all tests during the initial naturalization examination, USCIS reschedules the applicant to appear for a second examination between 60 and 90 days after the initial examination.Volume 12, Chapter 2, Section F (link)

Guide to Form I-864A

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GUIDANCE FOR PREPARING AND SUBMITTING USCISFORM I-864A & SUPPORTING DOCUMENTS Last Updated June 13, 2023 Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf FORM-I-864A-GUIDEDownload WHY DOES A HOUSEHOLD MEMBER COMPLETE FORM I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. WHO COMPLETES THIS FORM? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS HOW DO I CALCULATE MY HOUSEHOLD SIZE? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. WHO CAN BE A FINANCIAL SPONSOR? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. WHAT ARE POVERTY GUIDELINES? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’ website or below. WHAT HAPPENS IF THE PETITIONER DOESN’T HAVE ENOUGH INCOME? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. For more information see our Guide to Completing Form I-864A You can download the guide here

COVID-19 Vaccination Requirements (Updated: May 2023)

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COVID-19 Vaccination Requirement The applicant must receive one dose of the COVID-19 vaccine if a dose is due at the time of the exam according to current CDC guidance. Now, like other vaccine requirements, additional doses are no longer required, and applicants do not have to postpone completion of the exam to complete the primary series of the COVID-19 vaccine. Applicants who have completed any approved* primary COVID-19 series prior to the exam require no additional COVID-19 doses for immigration. Those who have not should receive a bivalent vaccine according to current CDC guidance. For applicants who have received one or more doses but have not completed the primary series and are not yet due for the next dose in the series at the time of the exam, use the “Insufficient time interval between doses” blanket waiver. As with other vaccinations, additional doses recommended for older age groups, health conditions or immunocompromise are not required for completion of this exam. Although booster doses are not currently required, please refer to this page frequently for future guidance regarding a COVID-19 boosting schedule. * The COVID-19 vaccines approved for use in these Technical Instructions are those vaccines authorized for emergency use (EUA) or approved under a Biologics License Application (BLA) by the US Food and Drug Administration (FDA) or listed for emergency use (EUL) by the World Health Organization (WHO). SOURCE: Vaccination Technical Instructions for Civil Surgeons | CDC

Change to Regulations Regarding SIJS Applicants Getting Married

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Previously if a SIJS applicant who had an approved I-360 had to remain unmarried until their priority date became current and they completed the adjustment of status process to obtain legal permanent resident status or their I-360 would be automatically revoked per 8 CFR §205.1(a)(3)(iv). A change to the regulations—at 8 CFR § 204.11(b)(2)—now requires that a SIJS applicant remain unmarried only until their I-360 petition is approved. Changes to the USCIS Policy Manual A USCIS policy alert dated June 10, 2022, further explains this change of policy. See Policy Alert, Special Immigrant Juvenile Classification and Adjustment of Status, June 10, 2022, PA-2022-14. The USCIS Policy Manual was amended at Volume 6, Part J, Chapter 2, Eligibility Requirements revising the definitions of “juvenile court” and “custody,” clarifying the evidentiary requirements under Subsection 2 (Parental Reunification) and Subsection 3 (Best Interests), and revises guidance on the validity of juvenile court orders in Subsection 4 (Validity of Order). USCIS Policy Manual at Chapter 2, Section A, General Eligibility Requirement for SIJS Classification now lists: 1. Physically present in the United States at the time of filing and adjudication of the Petition;2. Unmarried at the time of filing and adjudication of Form I-360;3. Under the age of 21 at the time of filing Form I-360;4. Subject to juvenile court determination issued in the US meeting the requirements;5. Obtain US Department of Homeland Security consent; and6. Obtain US Department of Health and Human Services (HHS) consent (if applicable). The USCIS Policy Manual, Volume 6, Chapter 2, Section B, Age-Out Protections for Filing with USCIS, the USCIS Policy Manual States: If a petitioner was under 21 years of age on the date of the proper filing of the Form I-360, and all other eligibility requirements under the statute are met, USCIS cannot deny SIJ classification solely because the petitioner is older than 21 years of age at the time of adjudication. Section 235(d)(6) of the TVPRA 2008, Pub. L. 110-457 (PDF), 122 Stat. 5044, 5080 (December 23, 2008), provides age-out protection to SIJ petitioners. Long Wait After I-360 Approval Until Adjustment of Status This had been becoming more of an issue lately because of the long wait from I-360 approval until SIJS applicants would be able to adjust status to get legal permanent resident status. Due to the large number of SIJS applications, for the last 5-6 years, there has been a backlog for children from Guatemala, Honduras, El Salvador, and Mexico. As of April 2021, there are 44,000 SIJS beneficiaries remaining in the backlog. SIJS beneficiaries from El Salvador, Guatemala, and Honduras have waited an average of 4 years before their priority date is current to apply for adjustment of status. SIJS visas are part of the employment-based fourth preference category. The fourth category receives only 7.1% of the 140,000 visas generally available per year. SIJS beneficiaries are also subject to annual country caps applicable to employment-based immigration: 7% per-country limit. There is an overwhelming number of SIJS beneficiaries who are also in removal proceedings: 92% of Honduran SIJS adjustment applicants, 90% of Guatemalan applicants, and 84% of Salvadoran applicants.

Calculating CSPA Age (NEW POLICY)

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NEW USCIS POLICY FOR CALCULATING AGE UNDER THE CHILD STATUS PROTECTION ACT (CSPA) SEE UPDATE POSTED ON THE USCIS WEBSITE, FEBRUARY 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA).  Prior to this, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed. If a visa number was not available under the Final Action Date Chart of the Visa Bulletin, they may still be eligible to file their application for adjustment of status (to obtain a green card)based on the Dates for Filing Chart of the Visa Bulletin. In that scenario, a noncitizen may file their application when the Dates for Filing Chart indicated but ultimately not be eligible because the Final Action Date Chart did not advance sufficiently Under the USCIS Policy Manual as updated, USCIS will instead use the Dates for Filing Chart for calculating a child’s age under CSPA. In other words, the child’s age will be “frozen” when the adjustment of status application is filed based on the Date of Filing Chart, even if a visa number is not yet available under the Final Action Chart. This policy change is effective immediately and applies to all pending applications. This means that some noncitizens with pending applications based on the Dates of Filing Chart, who may have already “aged out” if their priority date never became current under the Final Action Chart, may now have a CSPA age under 21. If so, they remain eligible for a derivative green card. SOURCES: USCIS Policy Manual Policy Alert (PDF, 345 KB) Child Status Protection Act