Category: N600

USCIS Starts Issuing Redesigned Certificates of Citizenship and Naturalization

6/4/2018

On June 4, 2018, USCIS began issuing redesigned Certificates of Citizenship and Naturalization. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system.

USCIS piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.

The Certificates of Naturalization are:

N-550, issued to an individual who obtains U.S. citizenship through the naturalization process;
N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and
N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.

A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are:

N-560A, issued to an applicant who derived citizenship after birth;
N-560AB, issued to an applicant who acquired citizenship at birth;
N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female.
Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.

The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
Although the look and feel of the documents is new, the process of applying for and receiving them has not changed. Individuals do not need to renew their Certificates of Naturalization or Citizenship, regardless of when they were issued. The certificates we issued before the redesign will continue to be accepted as proof of citizenship.

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USCIS Started Accepting Credit Card Payments for Many Applications

2/15/2018

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On February 14, 2018, USCIS announced that it will now accept credit card payments for filing most of its applications, including I-130, I-129F, I-485, I-765, I-131, I-601, I-90, N-400, N-600, etc.

Currently, credit card payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use USCIS Form G-1450.

USCIS will enter credit card data into the Pay.gov system, operated by the U.S. Department of the Treasury, and will then destroy the Form G-1450 to protect the credit card information.

Applicants for naturalization, N-400, and applicants renewing or replacing their Green Cards, I-90, can already use a credit card if they file online at uscis.gov.

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US Supreme Court Ruled on Acquired Citizenship of a Child Born Abroad to Unwed Mothers and Fathers

6/20/2017

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On June 12, 2017 the U.S. Supreme Court issued a new decision on acquisition of U.S. citizenship from birth by a child born abroad and out of wedlock, when one parent is a U. S. citizen and the other a citizen of another nation, striking down on equal protection grounds the distinction in INA 309 between the physical presence required for unwed fathers and mothers when the child is born out of wedlock:
https://www.supremecourt.gov/opinions/16pdf/15-1191_2a34.pdf.

Applicable to married couples, the main rule in effect at the time here relevant, 8 U. S. C. §1401(a)(7) (1958 ed.), required the U.S.-citizen parent to have ten years’ physical presence in the United States prior to the child’s birth, “at least five of which were after attaining” age 14.

The same rule is made applicable to unwed U.S.-citizen fathers by §1409(a), but §1409(c) created an exception for an unwed U. S.-citizen mother, whose citizenship can be transmitted to a child born abroad if she has lived continuously in the United States for just one year prior to the child’s birth.

Under the US Supreme Court ruling, the government (USCIS and US Dept of State) is going to equally apply to mothers and fathers the more restrictive rule for fathers (10 years of physical presence), rather than the much less restrictive rule (exception) for mothers (one-year rule).

This should apply (probably, not clear at this time) only to children of unwed mothers who are born after June 12, 2017, because citizenship is automatically acquired at birth, and a later decision can't strip you of it.

This new law will be relevant in many N-600 applications.

Read the U.S. Supreme Court decision here.

In Russian:

12 июня 2017 Верховный Суд США вынес решение по делу автоматического получения американского гражданства внебрачным ребенком, рожденным за пределами США, когда один из родителей (мать или отец) являются гражданином США, и когда родители не состоят в законном браке.

По старому закону, правила были более жесткие по отношению к отцу внебрачного ребенка.

Теперь после решения суда от 12 июня 2017, суд ужесточил закон о по отношению детей, рожденных вне брака, где американская гражданка - это мать ребенка. По новому закону, мать должна доказать физическое проживание в США в течение как минимум 10 лет (ранее это был всего год).

Пока закон не изменится Конгрессом США, это новое правило будет применяться везде в США и за пределами США во всех посольствах и консульствах.

Решение суда можно почитать тут.

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Difference Between Certificate of Naturalization v. Certificate of Citizenship

6/2/2017

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Sample Certificate of Citizenship

Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).

There is a big difference between Certificate of Citizenship and Certificate of Naturalization. Both of them serve as evidence of U.S. citizenship status. However, unlike Certificate of Naturalization, Certificate of Citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status (derived through a parent).

When a person has a Certificate of Naturalization, it means that they applied for U.S. citizenship, passed the test and all background clearances, and their application was approved, and U.S. citizenship was granted.

When a person has a Certificate of Citizenship, it means that they applied for a document as evidence of their U.S. citizen status. When USCIS approves the application for Certificate of Citizenship, the USCIS merely verifies the records and issues a document, as a proof of the U.S. citizenship status. The applicant doesn't apply for citizenship and doesn't take the test. The applicant applies for a proof or evidence of his or her citizenship.

On June 2nd 2017, the BIA held that institution of judicial proceedings to revoke naturalization are not required to cancel a certificate of citizenship, which the Department of Homeland Security can cancel administratively upon a determination that an applicant is not entitled to the claimed citizenship status.

BIA held: "A certificate of citizenship only provides documentation of United States citizenship for persons who claim to have obtained that status derivatively. See 8 C.F.R. §§ 341.1, 341.2(c) (2016). It does not confer United States citizenship but only furnishes recognition and evidence that the applicant has previously obtained such status derivatively, that is, upon the naturalization of a parent or parents. See Section 341(a) of the Act. Thus, the issuance of a certificate of citizenship, like a United States passport, only serves as indicia of citizenship. It is not a grant of United States citizenship. Because the respondent’s United States citizenship claim was based on fraud, his Certificate of Citizenship is void."

Facts: The respondent is a native and citizen of Nigeria who was born in Benin City, Nigeria, on June 30, 1981. He obtained lawful permanent resident status in 1996 as the stepchild of a United States citizen who was married to the respondent’s alleged adoptive father. The respondent’s claim to United States citizenship derives from the naturalization of his putative custodial adoptive father in 1995. On February 17, 1998, the respondent was issued a Certificate of Citizenship (Form N-560).

In removal proceedings, evidence of foreign birth gives rise to a rebuttable presumption of alienage, shifting the burden to the respondent to come forward with evidence to substantiate his citizenship claim. Matter of Rodriguez-Tejedor, 23 I&N Dec. 153, 164 (BIA 2001) (citing Matter of Leyva, 16 I&N Dec. 118, 119 (BIA 1977)); Matter of Tijerina-Villarreal, 13 I&N Dec. 327, 330 (BIA 1969).

Assessing the respondent’s claim to citizenship, the Immigration Judge noted that the evidence of record raises serious questions whether the respondent has ever qualified as a United States citizen. Specifically, the record includes an August 20, 2002, notice of intent to cancel the respondent’s Certificate of Citizenship (“NOIC”) issued by the former Immigration and Naturalization Service (“INS”), alleging that the certificate had been obtained by fraud.

The NOIC was based on information obtained in connection with a Federal criminal investigation. This investigation revealed that the respondent’s putative adoptive father was actually his biological brother. Although the respondent claimed that his biological father had died in 1983, records indicated that, as of 2002, he was alive and living in Nigeria. The NOIC further alleged that the respondent submitted a fraudulent adoption certificate. In his October 23, 2002, response to the NOIC, the respondent presented a letter from an attorney specifically denying each of the allegations in the NOIC. He also submitted a purported death certificate for the person the respondent alleged was his biological father. The death certificate was issued more than 8 months after this individual’s death and just days before the respondent’s response to the NOIC was due.

In a decision dated April 21, 2003, the District Director concluded that the evidence the respondent provided in response to the NOIC was insufficient to overcome the evidence supporting the cancellation of the Certificate of Citizenship. He determined that the Nigerian adoption decree submitted on the respondent’s behalf was fraudulent and that he did not derive United States citizenship through his biological brother under former section 321(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a)(2) (1996), which was in effect when the respondent turned 18 years old. The District Director therefore cancelled the respondent’s Certificate of Citizenship after concluding that it had been obtained by fraud. On March 29, 2004, the Administrative Appeals Office (“AAO”) dismissed the respondent’s appeal from the District Director’s decision

The respondent does not claim United States citizenship through naturalization. Instead, he was issued his Certificate of Citizenship under section 341 of the Act, 8 U.S.C. § 1452 (1996), based on his claim of derivative citizenship through the naturalization of his brother, who the respondent fraudulently claimed was his adoptive father.

To read the decision, click here.

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Effective December 23, 2016, USCIS will increase filing fees by 21 percent

10/24/2016

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On October 24, 2016, the Final rule was published in Federal Register.

SUMMARY: The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010.

DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016. Under this final rule, DHS will increase fees by a weighted average of 21 percent; establish a new fee of $3,035 covering USCIS costs related to processing the Employment Based Immigrant Visa, Fifth Preference (EB–5) Annual Certification of Regional Center, Form I–924A; establish a three-level fee for the Application for Naturalization, Form N–400; and remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

DATES: This rule is effective December 23, 2016. Applications or petitions mailed, postmarked, or otherwise filed on or after December 23, 2016 must include the new fee.

DETAILS: Establish a three-level fee for Application for Naturalization, Form N–400.

First, DHS will increase the standard fee for Form N–400 from $595 to $640 (plus Biometrics fee).

Second, DHS will continue to charge no fee to applicants who meet the requirements of sections 328 or 329 of the Immigration and Nationality Act of 1952 (INA) with respect to military service and applicants with approved fee waivers.

Third, DHS will charge a reduced fee of $320 for naturalization applicants with family income greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines.

* Remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.

* Clarify that persons filing any benefit request may be required to appear for biometrics services or an interview and may be required to pay the biometrics services fee.

FINAL RULE:

A. Changes in the Final Rule This section details the changes made in this final rule as compared to the NPRM. These changes are summarized as follows: 1. Application to Register Permanent Residence or Adjust Status, Form I–485. DHS has revised the regulatory language regarding the fee for the Application to Register Permanent Residence or Adjust Status, Form I–485, to clarify that the proposed $750 discounted fee is available for all applicants under 14 years old who submit their Form I–485 with that of a parent. These revisions accord the fee regulations with the current Form I–485 instructions and intake practices. See new 8 CFR 103.7(b)(1)(i)(U)(2); 81 FR 26919. The section later in this preamble entitled, ‘‘Adjustment of Status, Form I–485, and Interim Benefits,’’ provides more details about this change.

2. Dishonored payments. DHS has also clarified the regulations governing USCIS actions when a check used to pay the required fee is dishonored by the remitter’s bank. Under this final rule, USCIS will submit all initially rejected payments to the applicant’s bank a second time for it to clear or be rejected. 8 CFR 103.2(a)(7)(ii)(D). If the check is rejected again following re-submission by USCIS, it will reject the case for fee non-payment. If the case has been approved, USCIS will send a notice of intent to revoke the approval. The section later in this preamble entitled, ‘‘Dishonored Payments,’’ provides more details about this change. 3. Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and Application for Waiver for Passport and/or Visa, Form I–193. DHS has made adjustments to the proposed fees in the final rule for the Application for Advance Permission to Enter as a Nonimmigrant, Form I–192, and the Application for Waiver for Passport and/or Visa, Form I–193. For the reasons outlined in section IV.B.2.p. of this preamble, the fees that will be charged for Forms I–192 and I–193 will remain at $585, rather than the proposed fee of $930 when such forms are submitted to and processed by the U.S. Customs and Border Protection (CBP). See new 8 CFR 103.7(b)(1)(i)(P)– (Q).

NEW SCHEDULE OF USCIS FILING FEES, effective 12/23/2016, here pages 3-4.

For example, here is a schedule of new fees for some of the applications (not including biometrics):

- I-485 - $1,140 plus biometrics
- I-485 for a child under 14 - $750
- I-130 - $535
- I-129F - $535
- I-90 - $455
- I-601 - $930
- I-601A - $630
- I-751 - $595
- I-765 - $410
- N-400 - $640
- N-600 - $1,170
- Green card fee - $220 (was $165)
- Biometrics fee remains the same - $85.

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USCIS Starts Issuing Redesigned Certificates of Citizenship and Naturalization

USCIS Started Accepting Credit Card Payments for Many Applications

US Supreme Court Ruled on Acquired Citizenship of a Child Born Abroad to Unwed Mothers and Fathers

Difference Between Certificate of Naturalization v. Certificate of Citizenship

Effective December 23, 2016, USCIS will increase filing fees by 21 percent

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