Last Updated: January 15, 2020.

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In April of 2017, the Trump administration stated that it will continue to uphold the 2002 executive order that facilitates the citizenship process for noncitizen military members.

Those persons serving honorably in active-duty status in the Armed Forces of the United States at any time on or after September 11, 2001 are eligible to apply for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in section 1440(b) of title 8, United States Code.
- Executive Order 13269 signed by President George W. Bush on July 3, 2002.

Recently however, among Trump's several regulations aimed at tightening immigration, the Department of Defense released two updates that affect noncitizen individuals entering the military and those who are currently serving with noncitizen status.

The Washington Post also reported that the Army is turning away people or putting on hold those who wish to serve based on their immigration status.

Voices across the Internet immediately responded with heated criticisms to the announcement. One online critique said that the move is potentially unlawful and founded on biases. Another wrote about how immigrants ought to be thanked for their service and recognized for their dedication because these men and women are putting their life on the line for the "vast majority of us who never put on uniform."

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Trump's immigration policies cause enough controversy no doubt, but more recent news regarding the president offending a fallen soldier's wife, combined the two topics for a perfect storm.

With Trump declaring a ban on something new everyday in a world filled with alternative facts; It's safe to say we would be wise to learn the truth and double check the news we read.

So the question still stands. Is it possible to apply for Citizenship while serving in the military? Let's find out.

Updated Military & Immigration Policies

As of October 13, The Department of Defense released two updates:

1. Updated Screening For Lawful Permanent Residents.

The DoD requires all military recruits who are legal permanent residents to go through a thorough background investigation. These individuals should receive a favorable military security suitability determination (MSSD) report before any participation in the service, whether active or on reserve.

The change overthrows previous policy which states that as long as such an individual initiated his or her background check and if he or she had cleared other designated entry screenings, he or she may begin military training.

2. Changes to the Expedited Naturalization for Military Personnel.

In order to proceed to naturalization, noncitizen recruits are required to complete at least 180 consecutive days of active service in the branch of the military they are serving, or they must receive a satisfactory evaluation in their selected reserve for at least one year.

The Department of Defense stated in this news release that the set probation period is aimed to eliminate the “one day service” occurrence where recruits serve for a brief period, just enough to obtain the certification of honorable service for expedited naturalization.

How to Apply for Citizenship in the Military

Typical naturalization process from permanent resident status requires the individual to have lived in the United States consecutively for at least three to five years. However, for members of the Armed Forces (that includes anyone in active duty, on reserve, or in the national guard), they may file for naturalization within one year of their military service.

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This section in the Immigration and Nationality act of 1952 (INA) also excuses these applicants from having the required period of residence or physical presence within the United States. Lastly, USCIS offers the benefit of waiving the application fee for those who fulfilled an honorable service.

What are the Requirements?

Legal Status: Lawful Permanent Resident (Green Card Holder)

Noncitizen recruits must be lawful permanent residents while they’re applying for naturalization. Any other immigration status is currently not allowed to enlist.

Candidate’s Moral Character: Good Moral Standing

The U.S. Citizenship and Immigration Services (USCIS) look at two main components to determine a candidate’s moral character.

First, his or her criminal record.

When filling out the application for naturalization: Form N-400, the candidate should report all crimes committed, including those that occurred before his or her 18th birthday and/or those that have been removed from record.

Second, they look at the candidate's honesty during their interview with the officer who oversees the candidate's naturalization process.

USCIS has the rights to conduct further background checks. If they find inconsistency between the candidate’s response during the interview and the background check, they have the right to reject the application.

Language: English Proficiency

All naturalization candidates should have the ability to communicate in English both in writing and speaking. The law requires them to demonstrate their language proficiency in simple phrases for ordinary usage.

American History, Law, & Government: Civics Test

Candidates should also acquire knowledge and understanding of basic American history, common principles of law, and forms of government.

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Where Do I Apply for Citizenship?

Because military candidates may move physically throughout the application process, every military branch has a designated personnel and/or a department for handling applications. Different military divisions have different designations. For a list of different contact points, see below:

The Department of the Army:

Battalion (BN), Brigade Combat Team (BCT) S-1s, Personnel Services Battalion (PSB), Personnel Service Centers (PSC), Military Personnel Divisions (MPD), and Military Personnel Offices (MILPO) are all available points of contact. Each of them has the capacity to coordinate with the U.S. Army Human Resources Command (USAHRC) to facilitate the application process.

The Air Force:

Military Personnel Flights (MPFs), or applicants may also complete documents online through virtual Military Personnel Flight.

The Navy:

Naval candidates who are seeking naturalization should establish a citizenship representative through the program NAVADMIN 251/04. At this time, the Navy SEAL is not accepting noncitizen applicants.

The Marine Corps:

A Legal assistance officer is the designated representative within the Marines.

When to Apply for Citizenship

Noncitizen recruits may apply anytime either during their enlistment or after they have fulfilled their service. However, the recent changes, as mentioned above, delay noncitizen recruits from applying while in training due to background check time.

How to Prepare my Citizenship Packet

Make sure to always use the most up-to-date USCIS forms. You may receive your application packet through your branch’s citizenship representative, request it from the USCIS, or use SimpleCitizen's online Citizenship Software.

Please be advised that your application officer during the interview may ask you questions regarding information on your forms. Always stay consistent and be as clear and detailed as possible with the information you provide.

Once you have gathered all the required documents, translations, and passport photos for the N-400; bring everything to your branch’s designated point of contact for naturalization. Your representative will verify your application and complete the Request for Certification of Military or Naval Service form. Your branch representative or commander has the authority to indicate your characterization of service, and deem whether or not your service was honorable if you were being discharged.

Your representative will then mail your application packet to USCIS.

What happens after Submitting Form N-400

First, you will receive a letter with the Form I-797 from the USCIS with your case status number. You can use this number to track the progress of your applications. The letter usually arrives within the first two to three weeks.

Second, you need to go to your biometrics service appointment. Your branch’s military citizenship representative has the authority to schedule this appointment with the nearest USCIS facility. The same representative must fill out a Fingerprint Notice and you will take this form with you on the date of the appointment. If you are physically overseas, then you should contact the nearest military police unit or security manager. They will send you FD-258 fingerprint cards where you may fulfill a set of dark and a set of clear fingerprints.

Third, after four months or so. You will be notified of your interview date. This will include the place and specific time of your appointment. If you are unable to attend your interview on the appointed date, you may write on the interview notice your reason for why you cannot attend and the next availability. For example, if you are unavailable due to deployment, then you should attach the deployment order with the notice as you return them to the USCIS.

Note: You may ask your representative to follow up with the USCIS if the receipt (I-797) did not come within 60 days of your application being mailed. You may also follow up with him or her if you don't receive your interview notice within five months.

Fourth, Your interview officer may give you one of these three decisions: granted, continued, or denied. In some cases, the officer may tell you if you will be granted your citizenship at the end of your interview. In most cases, you will receive a formal notice stating when and where you will attend the oath ceremony. If you’ve been told that the officer is continuing your case, then you may be asked to come back for a second interview or to provide the missing documents. If your form was denied, USCIS will send you a written notice stating why. You may request a hearing from the officer who denied your application and you may file an appeal with the Form N-336.

Lasty, is the Oath Ceremony. Here, you will take the Oath of Allegiance to the United States.

Congratulations!

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Photo Credit: Spencer Imbrock

Last Updated: January 7, 2022.

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If you are inside the U.S. for an allowed reason and are currently trying to adjust your status to permanent resident, then you can use Form I-485.
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Form I-485 Sample Download:

Download a sample of the I-485 here.

Fill out the I-485 Online Here.

*Please note that USCIS forms frequently change. Please refer to the USCIS I-485 form page for the most up-to-date version.

Who can submit the Form I-485?

Relatives of United States citizens:

spouses, children, parents, and siblings of U.S. citizens who used the Form I-130 and received a visa can use Form I-485 to ask for a Green Card. For immediate family cases (like spouses) you can submit all the forms together in one packet.

Relatives of Green Card holders:

spouses and unmarried children of Green Card holders who used Form I-130 and received a visa can use Form I-485 to ask for a Green Card. You can prepare a family based green card application here.‍

Workers:

If you are in the U.S. with a temporary work visa and have been offered a permanent job while you're in the U.S., you could use Form I-485 to ask to stay in the U.S. permanently. Your U.S. employer can start the process for your Green Card using Form I-140, Petition for Alien Worker.‍

Refugees and Asylees:

Refugees and Asylees can use Form I-485 to ask for a Green Card. In the Form I-485, you must prove that you are still an asylee, refugee, or refugee’s spouse or child and that you’ve been inside the U.S. for 1 year since were allowed to enter for that reason.

Helpful Links:

Form I-485 Step by Step Instructions

The Comprehensive Guide on How to Get a Green Card

Are you eligible to apply for a Green Card?

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Last Updated: January 15, 2020.

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Recently, the Trump administration changed a policy that places foreign nationals under advanced scrutiny.

If a foreign national takes any actions within 90 days of entering the country that are not compliant with his/her visa status, it will likely be presumed that they willfully made a misrepresentation about their motives for entering the country.

This new rule is called the 90-day rule and it replaces the 30/60-day rule. It marks a small yet significant change in immigration policy.

The change became official on September 1, 2017, when the Department of State updated the Foreign Affairs Manual (FAM). It is important to note the rule is not a statute, nor is it an official regulation; it is better seen as an advisory principle created to help consular officers if a subsequent violation of visa status qualifies as a “ willful misrepresentation” in the initial visa application.

The new rule is found in 9 FAM 302.9-4. To better understand the significance of this rule and the recent change, let’s take this rule section-by-section.

9 FAM 302.9: Discusses some of the many reasons aliens can be inadmissible for various reasons

So the FAM is a extensive handbook Department of State officials use to, among other things, make immigration decisions. Chapter 9 of the FAM deals with visas. Section 302 outlines all the myriad ways an alien can become ineligible for a visa. Section 302.9 outlines the reasons aliens can be ineligible for entry under INA 212(a)(6).

The INA is the Immigration and Nationality Act. It is codified in §1182 of the United States Code, which is basically a very large book containing all the laws of the U.S. INA 212(a)(6)(C) says:

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.

In layman’s terms, this means anyone who has lied — or willfully misrepresented — about something important — a material fact — in a visa application may not receive a visa.

To mere people like ourselves, it may seem like common sense is all that is needed to determine whether something is a “misrepresentation.” However, when money and people's lives are on the line, “common sense” doesn’t cut it. That’s why the State Department wrote a whole section on how to determine whether an action is a “misrepresentation.” That section is 9 FAM 302.9–4.

9 FAM 302.9-4(B)(1): Provides four criteria for finding a misrepresentation

9 FAM 302.9-4 discusses reasons for an alien’s inadmissibility due to a misrepresentation. 9 FAM 302.9-4(B)(1) outlines four criteria required for finding misrepresentation. For an alien to be inadmissible because of a misrepresentation it must be determined that:

1. There has been a misrepresentation made by the applicant;
2. The misrepresentation was willfully made;
3. The fact misrepresented is material; and
4. The alien by using fraud or misrepresentation seeks to procure, has sought to procure, or has procured a visa, other documentation, admission into the United States, or other benefit provided under the INA.

In plain English, the misrepresentation must be made by the person applying for the visa, it must have been done willfully, it must have been about something important, and it must have been for purpose of obtaining a visa or other benefit.

Let’s see what each of these criteria entail.

(B)(3): Defining misrepresentation

Section (B)(3) defines “misrepresentation.” First, it provides a basic definition: a misrepresentation is an assertion or manifestation not in accordance with the facts. Misrepresentation requires an affirmative act taken by the alien. A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information.

Let’s look at this more closely.

a misrepresentation is an assertion or manifestation not in accordance with the facts. This provides for a broader definition than a lie — a lie being a false statement made with the intention to deceive — this encompasses a statement that was purposefully made, that is untrue, but was not made with the intent to deceive. As is discussed below, a misrepresentation must be made willfully, which means its lower limit is set somewhere above a mere mistake. Additionally, (B)(2) defines the upper limits of misrepresentation: it is something less than fraud. Fraud must be shown by evidence of the intent to deceive and an officer must actually believe the lie.

Misrepresentation requires an affirmative act taken by the alien.This statement differentiates between a statement and a silence. Here, silence, or failure to volunteer information, does not by itself amount to a misrepresentation.

A misrepresentation can be made in various ways, including in an oral interview or in written applications, or by submitting evidence containing false information.This statement suggests a few additional points. The misrepresentation must be made by the alien — or the aliens agent or attorney so long as the alien was aware of the action. The misrepresentation must be made before a U.S. Official, which means it could be made orally or in written form most likely before a consular officer or a Department of Homeland Security officer. The misrepresentation must be made on the alien’s own application, not in regards to someone else’s application.

It should be noted that a “timely retraction” could remedy the misrepresentation. Timeliness depends on the circumstances of the particular case; a retraction should be made at the first opportunity to be safe.

(B)(3)(g): States that activities that are inconsistent with an alien’s visa status are a red flag.

(B)(3)(g) dives into a tricky topic, one that is at the center of the 90-day rule: activities inconsistent with visa status. It states: In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit. Such cases occur most frequently with respect to aliens who, after having obtained visas as nonimmigrants and been admitted to the United States, either: Apply for adjustment of status to lawful permanent resident; or fail to maintain their nonimmigrant status (for example, by engaging in unauthorized study or employment).

This passage states that immigration officers are sometimes faced with the difficult task of interpreting an alien’s inconsistent behavior. Oftentimes this occurs when an immigrant applies for lawful permanent residence or fails to maintain her nonimmigrant status.

Since it’s difficult for immigration officers to know what to do in this case, the Administration created the 90-day rule.

(B)(3)(g)(2) & (3): Shows when the 90-day rule should be used

The 90-day rule is mostly about a legal concept called presumption. A presumption is an idea that is taken to be true, and often used as the basis for other ideas, although it is not known for certain. It’s similar to an assumption but not quite as strong. It is most easily exemplified in the phrase “innocent until proven guilty.” In murder trials in the U.S., a suspect is presumed innocent until proven guilty. That means it is the prosecution’s job to prove the defendant is guilty, not the defendant’s job to prove that she is innocent.

It is the same case here: an alien that behaves inconsistently with the representations made in her visa application is presumed to have made the representations not willfully — unless those inconsistent actions are made within 90 days of her entry into the U.S. This is because if inconsistent action is taken so quickly after arriving in the U.S. it is arguably likely the alien lied about her intentions for coming in the first place.

Previously, under the 30/60 day rule, if an alien made inconsistent actions within 30 days of entry, the misrepresentations made in her application were presumed to be willful. Now, under the 90-day rule, that time period has been extended from 30 days to 90 days. As the names imply, that is the primary substantial change made to the rule.

The new rule states:However, if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry . . . you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.

The rule also requires the immigration officer to request an advisory opinion on the case.

So, if inconsistent conduct is made, the presumption shifts against the alien, and the alien now has the responsibility to prove she did not make the misrepresentations willfully.

The section continues to list some specific conduct that would be inconsistent or in violation of an alien’s nonimmigrant status:

• Engaging in unauthorized employment;
• Enrolling in a course of academic study, if such study is not authorized for that nonimmigrant classification (e.g. B status);
• A nonimmigrant in B or F status, or any other status prohibiting immigrant intent, marrying a United States citizen or lawful permanent resident and taking up residence in the United States; or
• Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

So, becoming employed, enrolling in school, marrying a citizen, or doing other activities that require an adjustment of status could put an alien at risk of coming under the 90-day rule.

If inconsistent conduct only occurs after 90 days have passed, then the presumption does not shift against the alien.

(B)(4) & (5): Defines “willfully” and “material fact”

For an alien to be inadmissible under INA §212(a)(6), which the 90-day rule applies, she must make a misrepresentation willfully. Willful is a definable legal concept and the FAM states:

In order to find the element of willfulness, it must be determined that the alien was fully aware of the nature of the information sought and knowingly, intentionally, and deliberately made an untrue statement.

In other words, the alien must knowingly make the untrue statement, which is notably different from making an untrue statement with intention to deceive.

The misrepresentation must also be material. Materiality, like willfulness, is another legal concept. In this case a misrepresentation is material if:

• The alien would have been inadmissible if the true facts were revealed, or
• The misrepresentation cut off a line of questioning that would have lead to the determination that the alien was inadmissible.

So, in other words, most topics an applicant might have an interest in hiding are material.

Key Takeaways

For aliens submitting visa applications: Do not lie about your motives for application. For visiting aliens interested in changing your status: Do so very carefully, probably only after 90 days have passed since your entry.

Top 5 Reasons Green Card Renewal Applications are Denied

Before you know it, 10 years have flown by and it’s time to submit your Green Card renewal application.

According to the U.S. Citizenship and Immigration Services (USCIS), green card holders can renew their 10-year Green Card within 6 months of its expiration date.

As you probably know, getting a Green Card is not easy.

Link: The Comprehensive Guide on How to Get a Green Card

Fortunately, the Green Card renewal process is often much simpler than the initial Green Card application. We know this because hundreds of immigrants have used SimpleCitizen to create and submit their own Green Card renewal applications. Preparing your application with the support of immigration professionals can help you avoid expensive and/or time-consuming mistakes, and can even help you avoid an application denial. 

While a Green Card Renewal denial is fairly rare, it does happen. If you choose to prepare your application on your own, please consider avoiding these 5 most common mistakes that can lead to a potential rejection or denial:

5. You were “Ordered Removed”

If you were ordered removed from the United States, your green card renewal is more likely to be denied. You are ordered removed if at least one of the following has happened to you:

• A judge ordered you deported or removed
• You signed a stipulated removal order
• You were at the border, and immigration officials completed Expedited Removal paperwork on you
  (Note: This is not simply being refused entry)

Also note that you are not considered “ordered removed” simply if your visa category is Z11, Z13, Z14, or Z15. These categories are based on a “suspension of deportation” or “suspension of removal” which is different from being ordered removed.

4. You’ve committed a crime

If you have committed a felony or misdemeanor, the best course of action is to seek advice from a licensed immigration attorney before filing to renew your green card. If you speak with an immigration attorney, you are much more likely to successfully obtain a renewed green card.

3. You submitted an incomplete application

Be careful to read all the instructions. These 4 parts of the green card renewal application are often missed:

• Remember to sign in all the right places.
• Be sure to attach all required evidence (requested photocopies of official documents).
• Make sure to pay the I-90 filing fee.
• Be sure to attend your scheduled biometrics appointment.

As long as you read and follow the instructions carefully, you shouldn’t have to worry.

A few weeks after submitting, you should receive an I-797 form from USCIS with information about your scheduled biometrics appointment. Failing to attend a scheduled biometrics appointment may result in the application being denied. 

2. You gave incorrect information

Make sure everything on your application is filled out as accurately as possible.

At your biometric services appointment, USCIS will ask you to re-affirm under penalty of perjury that the information you provided is complete and true. Your application  may be denied if USCIS finds any false information.

1. You submitted the wrong Green Card renewal form

There is a big difference between a regular Green Card, and a Green Card with conditions. Most notably, the length of validity each of the two cards has, as well as which form/application should be used for the card’s renewal. 

Here’s a brief summary: 

• Green Card (regular): Valid for 10 years;  must be renewed using Form I-90, Application to Replace Permanent Residency  ‍
• Conditional Green Card: Valid for 2 years, must be renewed  using Form I-751, Application to Remove Conditions. Renewal approval results in a 10-year card being issued. A conditional permanent resident should only submit the I-90 if their 2-year green card is lost, stolen, or damaged.

Click here if you want to learn more about conditional permanent residents.

Other Common Worries

Many applicants worry about financial problems, including bad credit scores or unpaid taxes, but it is uncommon for USCIS to deny a renewal Green Card application because of these issues.

However, unpaid taxes may lead to other problems. You could be fined and prosecuted which can make it more difficult to become a U.S. citizen.

What can I do if my application is denied?

You are not allowed to appeal a negative decision, but you may submit a motion to reopen or reconsider your case. By filing the motion, you’re requesting that the USCIS office reevaluate their decision.

If you file a motion to reopen, you must state the new information you will provide and include appropriate evidence. If you file a motion to reconsider, you instead must show that USCIS’s decision to deny your application was an incorrect application of law or policy and that USCIS’s decision was incorrect based on the evidence you provided when you filed your application. For more information, see this page.

Note: If the USCIS denies your application because of an error by SimpleCitizen, subject to certain conditions, we will refund your government application fees and the SimpleCitizen purchase price 100%. Here’s our refund policy.

How to avoid these mistakes

If you have any questions, you can contact us here.

If you want to learn more about how to renew your green card, read this guide: A Guide to Renewing Your Green Card. If you’re ready to jump right in and apply, get started here!

After you’ve successfully renewed your Green Card, we would love to hear your story. Please leave a review here and tell us about your experience.

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Are you an international student that just graduated and not sure what to do next?

Do you want to stay in the United States? If so, this article covers 3 options that may be available for you.

If you came to the United States with an F-1 student visa, you have 3 way to stay in the United States:

1. OPT - Optional Practical Training

Optional Practical Training (OPT) is an option for F-1 Visa students who have recently graduated.

OPT is temporary employment authorization, and your employment must be related to your F-1 area of study. Students who are eligible may apply to receive up to one year of OPT employment authorization.

If your degree is in certain science, technology, engineering, and math (STEM) fields, you may apply for a two-year extension of your OPT.

2. Apply for a Non-Immigrant Work Visa

H-1B Specialty Occupations

The H-1B visa is a nonimmigrant visa that allows immigrants to temporarily work in high-skilled occupations. Immigrants applying for an H-1B visa are required to have specialized knowledge and a bachelor’s degree or higher or its equivalent.

Most H-1B occupations are in fields such as science, engineering, and information technology.

E-1/E-2 Treaty Trader and Investor

The E-1 visa is a treaty trader visa, and it is for immigrants who come from countries that have a treaty of commerce with the United States. Applicants must have "substantial" trade in goods between the United States and their home country.

The E-2 visa is also for immigrants who are from countries that have a treaty of commerce with the United States. They must have invested, or are actively in the process of investing, a "substantial" amount of capital in a U.S. enterprise.

L-1 Intracompany Transferee Visa

The L-1 is another nonimmigrant visa, and it is for workers who are employed outside of the U.S. and are transferring to the U.S. This visa also allows a foreign company to send an executive or manager to the United States to establish a U.S. office.

While these visas will allow you to remain in the United States, they will not allow you to stay permanently. If you wish to stay in the U.S. longer, obtaining a Green Card may be necessary.

3. Apply for a Green Card

Adjustment of status is the process through which temporary immigrants in the United States (such as students, tourists, foreign employees, etc.) can become lawful permanent residents (Green Card holders) without ever having to leave the U.S. (If you are outside of the United States, the only path to immigrate to the country is through consular processing).

The best options for obtaining a Green Card as an international student are through immediate family sponsorship, asylum status, the Green Card lottery, employment sponsorship, or select military service.

For more info about getting a green card, go to our Comprehensive Guide on How to Get a Green Card.

Photo Credits:

Billetto EditorialHelloquenceJuan Ramos

Last Updated: September, 2017.

The travel ban just got bigger.

President Trump added three new countries to the travel ban list: Chad, North Korea, and Venezuela.

"Making America Safe if my number one priority. We will not admit those into our country we cannot safely vet."
— Donald J. Trump (@realDonaldTrump) September 24, 2017

Let’s rewind a bit and figure out why these new countries were added.

In March 2017, President Trump issued Executive Order 13780. The order initiated the Department of Homeland Security to conduct a review of 200 countries to determine which countries pose the largest security threat to the United States.

In July, the DHS review was completed, and then on September 24, 2017, President Trump announced indefinite travel restrictions on the three new countries: Chad, North Korea, and Venezuela. The five original countries remained on the list: Iran, Libya, Syria, Somalia and Yemen. However, Sudan, an original member of the group, was removed.

The ACLU announced that it will challenge President Trump’s new travel ban. Originally, the Supreme Court was going to hear arguments regarding the legality of the travel ban on October 10. However, the Supreme Court announced that they are postponing hearing any arguments until both the government and those opposed, file new briefs addressing the new restrictions.

Critics have noted that this new ban doesn't seem to really address its anti-terrorism and public safety goals entirely, as countries like Saudi Arabia, the United Arab Emirates, Afghanistan, and Pakistan remain off the list.

In this article we'll break down this much-discussed presidential proclamation, section-by-section:

• Section 1: Establishes baseline requirements countries have to meet.
• Section 2: Lists suspended countries Section 3: Provides some exceptions and limitations.
• Section 4: Countries can get off the list.
• Section 5: DHS will report to the President.
• Section 6: Provides various rules for enforcement.
• Section 7: Ban starts on October 18.
• Section 8: Ban will continue even if one section is invalid.
• Section 9: Ban will not impede the executive agencies.

SECTION 1: Establishes baseline requirements for countries

From the get-go, the executive order states that the purpose of the reinvigorated travel ban is to protect United States citizens from terrorist attacks and public safety threats. In order to determine which country poses a terrorist or security threat, DHS assessed each country under the following categories:

• Identity-management information: the country in question will need to have thorough in-country security processes that ensure the integrity of documents. For example, Homeland Security will assess whether the country issues electronic passports and how the government detects fraudulent documents.
• National security and public-safety information: the country in question will need to inform the United States as to whether a citizen posses a security threat by providing the U.S. background information on the traveler.
• National security and public-safety risk assessment: the U.S. will conduct an overall assessment of whether a country is a terrorist or security threat.

After assessing the 200 countries using the above-mentioned criteria, 47 countries were deemed to be “inadequate” and “at-risk.” They were given 50 days to improve their security procedures by applying the security protocols above.

Following the 50-day trial period, countries which failed were placed on travel ban due to their “inadequate” traveling security protocols in place.

After the trial period, the Secretary of Homeland Security recommended a list of countries that require travel restrictions. Not all restrictions are created equal though. Some countries such as Iran will still permit student visas, but all nonimmigrants and immigrants will be barred entry from North Korea and Syria.

SECTION 2: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia are suspended

Nationals from the following countries have restricted entry into the United States because they have not adequately addressed the security criteria listed in section 1. Highlights from the Executive Order detailing why certain countries were included are found below:

1. Chad
   • “Chad does not adequately share public-safety and terrorism-related information and fails to satisfy at least one key risk criterion.”
2. Iran
   • “Iran regularly fails to cooperate with the United States Government in identifying security risks, fails to satisfy at least one key risk criterion, is the source of significant terrorist threats, and fails to receive its nationals subject to final orders of removal from the United States.”
3. Libya
   • “Libya fails to satisfy at least one key risk criterion and has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States.”
4. North Korea
   • “North Korea does not cooperate with the United States Government in any respect and fails to satisfy all information-sharing requirements.”
5. Syria
   • “Syria has significant inadequacies in identity-management protocols, fails to share public-safety and terrorism information, and fails to satisfy at least one key risk criterion.”
6. Venezuela
   • “Venezuela has adopted many of the baseline standards identified by the Secretary of Homeland Security and in section 1 of this proclamation, but its government is uncooperative in verifying whether its citizens pose national security or public-safety threats.”
7. Yemen
   • “The government of Yemen fails to satisfy critical identity-management requirements, does not share public-safety and terrorism-related information adequately, and fails to satisfy at least one key risk criterion.”
8. Somalia
   • “Somalia has significant identity-management deficiencies.  For example, while Somalia issues an electronic passport, the United States and many other countries do not recognize it. A persistent terrorist threat also emanates from Somalia's territory.”

SECTION 3: Provides some exceptions and limitations

The ban only applies to foreign nationals who:

• Live outside the United States
• Do not have a valid visa as per section 7
• Do not qualify for a visa as per section 6(d)

Exceptions to the ban include:

• Lawful resident of United States
• Documentation that is not a visa, such as a transportation letter
• Dual nationality
• Diplomatic passports
• Those with asylum

Waivers can be granted to those seeking entry on a case-by-case basis. For example, if the individual seeking entry can prove that she is not a security risk, has been issued visas previously for work or study, and if the person’s entry would be in the United State’s interest. Several more exceptions are listed under section 3(c).

SECTION 4: Countries can get off the list

Every 180 days, the Secretary of Homeland Security, in consultation with the Secretary of State, will reassess whether or not a country should remain on the banned list, using criteria from section 1. The restrictions placed on the country can be modified in various ways, whether that be by removing all restrictions or only maintaining limited restrictions on the country.

SECTION 5: DHS will report to the President

The Secretary of Homeland Security will send periodic reports and updates to the President on the United State’s procedures implemented for vetting foreign nationals, such as:

• The biometric and biographic data is the government collecting;
• The number of errors made in collecting this information;
• The procedures related to screening and vetting set forth by the Department of State's Bureau of Consular Affairs.

SECTION 6: Provides various rules for enforcement

The ban will comply with applicable laws and regulations, working with both domestic and international organizations, “to ensure efficient, effective, and appropriate” implementation. This section also notes that foreign nationals who have a credible claim of fear or persecution will have an opportunity for entry. This section addresses a slew of miscellaneous enforcement measures such as:

• The Secretary of State and the Secretary of Homeland Security will comply with all applicable laws and regulations.
• No immigrant or nonimmigrant visa issued before the applicable effective date under section 7 will be revoked.
• Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 of January 27, 2017 (Protecting the Nation from Foreign Terrorist Entry into the United States) will be permitted to have a traveling document.
• This proclamation shall not apply to an individual who has been granted asylum by the United States, to a refugee who has already been admitted to the United States, or to an individual granted withholding of removal or protection under the Convention Against Torture.

SECTION 7: Ban starts on October 18

On October 18, 2017, all foreign nationals from Iran, Libya, Syria, Yemen, Chad, North Korea, and Venezuela will have restricted entry into the United States.

SECTION 8: Ban will continue even if one section is invalid

This section essentially states that if any portion of the ban is held to be invalid, barring the invalid sections, the remainder of the ban will still remain in place.

SECTION 9: Ban will not impede the executive agencies

This proclamation will not be read in any way that impairs the function of the executive department or its agencies.

Key Takeaways

• Unlike the 120-day refugee ban, this travel restriction could remain indefinitely.
• Most of the countries included are primarily Muslim.
• This ban implements a more methodological framework explaining why certain foreign nationals are banned, more so than the previous travel ban.
• Countries will continuously be added or removed from the banned list depending on whether they improve their in-country security protocols.

Last Updated: Jan 15, 2020

The Department of Homeland Security (DHS) will Monitor Social Media in US Immigration Process

The Department of Homeland Security (DHS) will now be tapping into immigrants' social media beginning October 18th. If you've read the article on Trump's newest travel ban, you might find the date familiar. That's because October 18th is also the same day when the updated travel restrictions take place. This data-collection step will rope in everyone who is an immigrant, including green card holders and naturalized citizens. It doesn't stop there. DHS will also monitor communication from anyone with these individuals via social media.

Even though tapping into social media accounts has been in the discussions for a while, the DHS started to draft out a detailed plan after the mass shooting at San Bernardino, California. It aims to detect any hint of terroristic motive, primarily from groups such as the Islamic State, otherwise known as ISIS. As a response to this data collection policy, many privacy-advocacy groups voiced serious concern on the infringement of privacy. Some accused the measure as part of Trump administration's signature move on anti-immigration. Though the procedure has become comparatively draconian, the federal government was already asking immigrants and visitors to share their social media information for the four pilot screening program during the Obama administration. Through its evolution, DHS officials say this protocol listed specific items that the government will be collecting, which is more detailed than its predecessors, but privacy advocates are worried that the language regarding search results and conversations on social media still remain vague. We will walk you through the details, giving you the most recent update at your finger tips.

This implementation, DHS stated, will mark social media account information such as handles, alias, search results, and any other associated identification as official records. These collected data will become part of immigration files, also called Alien File. The department stated that the data will be collected from "publicly available information obtained from the internet, public records, public institutions, interviewees, and commercial data providers." However, it did not explain which commercial data providers are on the list. Department officials say this measure is not new because the U.S. Citizenship and Immigration Services has already been collecting information on immigrants applying for visas and citizenships. Although the department won't be recording additional social media data from naturalized U.S. citizens, officials say they may still keep information on file from when those individuals applied for citizenship up until the time they applied for citizenship.

[caption id="attachment_2248" align="alignnone" width="766"]

Opponents of data collection and social media monitoring criticizes how these actions violate the Privacy Act of 1974. [/caption]

Mikayla Mallek

Since the 2015 mass shooting in San Bernardino, lawmakers felt increasingly alert how terrorist groups are using social media to conspire with others. Tashfeen Malik, one of the two attackers, voiced strong support for jihad and carried conversations on social media but the posted comments were only available to a small group of friends. Since then, DHS has been under pressure to lay out a more detailed social media monitoring plan. It incorporated social media searches into the visa application, particularly on those who were applying for the fiancé visas. Then in 2016 the department included a new section in the travel form for visitors arriving in U.S. The addition asks for visa waivers to provide their social media handles used in the past five years. Recently, DHS proposed that it will start requesting persons coming from any one of the countries on the travel ban list to provide not only their social media accounts but also their passwords. These changes demonstrated an intensified vetting process since the Obama administration. Previously social media screening was only applied to Syrian refugees entering U.S. soil, particularly those flagged by match on the intelligence database or if an official found something of concern during the interview process. Opponents of data collection and social media monitoring criticizes how these actions violate the Privacy Act of 1974. They add that the federal government is slowly blurring the line that protects people's freedom of speech on the Internet.

Be More Aware of Your Online Presence

With each step of increasingly careful monitoring of social media, immigrants are growing weary of it being an infringement to their freedom of expression. One of Engadget's (an online publication about all things tech and then some) editor, Cherlynn Low, wrote about her struggle between authenticity and fear of being flagged for something she posed on Instagram. Another, Sam Sinai who has a Iran-U.S. dual citizen studying at Harvard University was questioned by the US Customs and Border Protection agents. They told him he was selected for extra screening and they asked him about his political beliefs. Sinai has experienced extra screenings before upon returning to U.S. from his visit to Iran, but what caught him off guard was the additional question regarding his political view. As he walked away, Sinai says he couldn't help but think why the extra question, and then it dawned on him. They checked him online. Sinai has published articles on Iran-U.S. relation and answered questions regarding Iran on the Internet. Since that experience, Sinai says now he has reasons to be more aware of his online presence.

Faiz Shakir, the national political director for the American Civil Liberties Union, calls this the "chilling effect". He says individuals of immigrant background will feel restricted regarding what they can and cannot say. In addition, those along his school of thoughts raised several other concerns such as lack of confirmation on the success of previous pilot program, no assurance against bots automatically including even the wrong targets, no clear way of predicting people's behavior, and its effectiveness questionable. DHS' spokeswoman Joanne Talbot told NPR that the department has been collecting social media data from immigrants since a policy adopted back in 2012. Talbot says the department is not using new method rather it's continuing to collect publicly-available information as it has been since 5 years ago. She also said the department is specifying the type of information collected in an effort to be more transparent.

The DHS took additional measure to demonstrate transparency such as publishing a report in February about the department's social media data collection and providing an online platform to anyone interested in voicing their opinions on the federal tracking of immigrants' social media.

Last Updated: January 15, 2020.

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The Trump administration is carrying out a change to immigration policy, commonly known as the Travel Ban. This update aims to prohibit entry of nonimmigrants and immigrants who are nationals from 8 countries; Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen. Each country has its own set of specific restrictions. Instead of a 90-day vetting period like the first version, this ban is basically indefinite. To break it down, the new update is being carried out in two phases. September 24, 2017 marked the beginning of phase 1 and phase 2 will start on October 18. Trump administration announced that the update does not apply to refugees, but they will have a separate policy regarding refugees from these 8 countries forthcoming. We'll pinpoint the takeaways from this ban for those who may be affected in any way. Before we delve in, it helps to understand why these new regulations exist.

This new order, compared to its predecessors, takes on an even longer name: "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats".

"Making America Safe is my number one priority. We will not admit those into our country we cannot safely vet" - Donald J. Trump, Sept 24, 2017

Essentially, this newer order follows up or implements the next step to version 2 from back in March. Previously, the Department of Homeland Security (DHS) conducted a worldwide review using a set of criteria to evaluate each foreign countries' information-sharing practice, policies, as well as each governments' stability and capabilities. At the end of this review, the Trump administration blacklisted 8 countries whose information sharing practices were deemed "inadequate" or otherwise the president has "special concerns" toward. The travel ban has significant ramification for United States' diplomatic relationship on the international level, but let's take a look at what it means to the individuals who are these countries nationals.

According to this Travel Ban update, "U.S. embassies and consulates will deny visas to most cases from the 8 blacklisted countries, with few exceptions that will require extensive screening and vetting process.

• Chad: No immigrants or diversity visas will be issued; No nonimmigrants visas B-1, B-2, and B-1/B-2 will be issued; as of September 24, "bona fide relationship" exception is no longer acceptable. **Quick refresher, "bona fide relationship" extends to those who have close family members who are U.S. citizens such as parents, parents-in-law, spouses, fiancé or fiancee, child, adult son or daughter, son or daughter-in-law, sibling, brother or sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, first-cousin, and for all listed relationships, half or step relationships is included.
• Iran: No immigrants or diversity visas will be issued; no nonimmigrant visas except F, M, and J student visas; during phase 1 (from September 24, 2017 to October 17, 2017), the "bona fide relationship" exception still applies and ends when phase 2 (October 18, 2017) starts.
• Libya: No immigrants or diversity visas will be issued; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued; During phase 1 the "bona fide relationship" exception is still accepted, but it ends when phase 2 starts.
• North Korea: No immigrant, nonimmigrant, or diversity visas will be issued. No "bona fide relationship" exception accepted.
• Somalia: No immigrant or diversity visas; nonimmigrant visas face no restriction. During phase 1 the "bona fide relationship" exception is still accepted, but ends when phase 2 starts.
• Venezuela: No immigrant visa restrictions; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued for officials and their immediate family members from the following government agencies: Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People's Power Ministry of Foreign Affairs.
• Yemen: No immigrants or diversity visas will be issued; No nonimmigrant visas B-1, B-2, and B-1/B-2 will be issued. During phase 1 the "bona fide relationship" exception is still accepted, but ends when phase 2 starts.

From these countries, any individual who may be able to obtain a visa will still have to face extensive screening and vetting process upon entering the United States.

How will these new restrictions affect issued visas or currently processing visas?

• If you've already obtained a visa, then your visa is safely yours. The new order specified that no visas issued before its effective date will be revoked. Therefore, if you've obtained a valid visa but have yet to enter the United States, then the restrictions do not apply to you.
• If your visa expires after the effective date, then you will not be able to renew your visa if your case is under the restrictions.
• If your visa is currently in the works, then here are the specifics:
  • First, the Trump administration has stated that it won't cancel previously scheduled visa application appointments.
  • Second, it's up to the consular officer to determine if the course of interview whether an applicant's case is exempt from the new restrictions, be eligible for a waiver, or falls under the 2 phases of restrictions.
  • Third, The National Visa Center (NVC) continues to work on cases that are in process, so applicants should still pay their fee, complete all necessary forms, and submit the paperwork to the NVC.
  • For those who are currently applying for the K (fiancé) visa, the NVC is expediting all I-129F petitions. Once the petition and case files are processed, the embassy or consulate will contact you to schedule an interview.
• If you recently had an interview at a U.S. Embassy or Consulate, but your case is still being considered:
  
  • Make sure you've sent in all missing documents and completed any of the administrative processing. The embassy or consulate where you were interviewed will contact you. It's still up to the consular officer to determine the status of your case.
  • Following the two phases of implementation, all bona fide cases both familial relationship and relationship with an entity will only be available during the first phase. After the second phase starts, the bona fide relationship exception will be no longer available.

Sponsoring family members for an immigrant visa

While the Trump administration's new travel ban is underway, the Supreme Court was originally scheduled to hear arguments on President Trump’s travel ban on October 10, 2017 but cancelled it immediately.

To renew a Green Card, applicants must file Form I-90 and include the necessary filing fee. While the filing fee  can vary depending on the particular circumstances of the filing, the filing fee is typically $465 for paper filings and $415 for online filings. For more information on filing fee exceptions, see the USCIS Fee Calculator.

How to Pay the Form I-90 filing fee

In the United States, you may pay the filing fee to USCIS using a check or money order drawn from a U.S. financial institution and payable in U.S. funds. You can also pay online or with Form G-1450, Authorization for Credit Card Transactions..  For more information on paying USCIS filing fees, check out this article. 

How to Waive the Fees

If you are unable to pay the fees, you may request to waive them by filing  Form I-912, Request for Fee Waiver. When filing Form I-912, you must provide documentation showing that you qualify based on one of the following criteria:

• You, your spouse, or the head of household living with you, are currently receiving a means-tested benefit (Medicaid, SNAP, TANF, SSI).
• Your household income is at or below 150% of the Federal Poverty Guidelines.
• You are currently experiencing financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies.

Note: If you are waiving the fee, you are not eligible to submit Form I-90 online. You must mail in a paper document.

Getting Help with your Green Card Renewal

Although renewing your Green Card on your own is the least expensive option, getting it done right the first time can save a lot of time, stress, and money in the long run. Small mistakes on your application can lead to delays or even having to reapply—which means paying the $465 fee again and waiting much longer to receive your new Green Card.

If you’d like some extra help to make sure your application is complete and correct the first time, here are two great options:

Option 1: Work with an immigration attorney 

Find licensed immigration attorneys near you.

Option 2: Renew your Green Card with SimpleCitizen

Start your renewal application here.

Whichever path you choose, the goal is the same: get your Green Card renewed quickly, easily, and with confidence.

Renewing a Green Card with SimpleCitizen

SimpleCitizen’s  time-saving software makes completing a green card renewal application easy! All you need to do is add your information and documents, then our software assembles the forms. Your entire application is then reviewed by a member of our independent network of immigration attorneys. Afterward, we will guide you step-by-step through understanding the attorney’s recommendations. When finished, we can even print, assemble and mail your immigration application in a beautiful box right to your door so that you can submit it to the government!

Click here to get started on your renewal application today.

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Last Updated: December 2022.

The Form I-797 is a document the United States Citizenship and Immigration Services (USCIS) uses to communicate with applicants.

The most common reason we see form I-797s be sent to our customers is when USCIS is issuing them receipt notices for their application. USCIS will send applicants Form I-797 approximately 4-6 weeks after the applicant submits an application to them. The purpose of this form is to notify the applicant that USCIS has received the application and has started processing it.

Please Note: Make sure to keep a copy of all I-797 forms for your personal records. They can commonly be used as evidence for other USCIS forms you may fill out.

How to Read an I-797 Form? 

This is what an I-797 Form looks like: 

Here are some general areas to look for when reading your receipt notice: 

There are seven different I-797 forms and each serve a different purpose as outlined in this article: 

1. Form I-797, Notice of Action: Receipt Notice
2. Form I-797A, Notice of Action: Replacement for an I-94 Form 
3. Form I-797B, Notice of Action: Form I-140, Petition for Alien Worker
4. Form I-797C, Notice of Action: Important Information
5. Form I-797D: Includes a Benefit Card
6. Form I-797E, Notice of Action: Request for Evidence
7. I-797F, Transportation Letter: Travel Permit

1. Form I-797, Notice of Action: Receipt Notice

This I-797 form is simply a receipt informing you that the application or petition has been received or approved. Note that this is just the receipt, not the official document. Therefore this document cannot be used to work or travel. 

However, the form is still very useful. It gives you information about your application, including your receipt number. Your receipt number is a 13-digit-long code you can use to track your case online. Simply use this USCIS Case Status Checker.

If you lose your receipt number, you can schedule an InfoPass appointment where you’ll meet with a USCIS officer who can provide you with information about your case. USCIS will require that you bring valid identification to the appointment. You may also request this information through USCIS’s live chat option, or call USCIS directly at 1(800) 375-5283. 

For many cases, USCIS also sends out a separate notice that will have instructions for setting up your Online USCIS Account.  

2. Form I-797A, Notice of Action: Replacement for an I-94 Form

Form I-797A Notice of action is sent as a replacement for the Form I-94 for applicants already in the U.S. This typically means that a change of status application has been approved and the immigrant is legally able to stay in the U.S. up until their new I-94 expiration date. The Form I-94 can be found at the bottom of Form I-797A and functions as the official document. The body of the document will provide additional guidelines. This form includes the date of admission, the class of admission, and the date to which they are admitted to stay.

Here is what an I-797A, with the replacement I-94 Form looks like. It includes an I-94 number, which is usually the same number as your original I-94, new VALID FROM and ADMIT UNTIL dates, and the new, or extended Class of Entry description. 

To find the new I-94 portion, you can check in the following spots of the form: 

Please note: If you have not filed for a change or extension of status within the U.S., you will need to obtain your I-94 directly through the U.S. Customs and Border Protection website. To increase efficiency, reduce operating costs, and streamline the admissions process, U.S. Customs and Border Protection (CBP) has automated the I-94 Form. The paper document is only given in limited circumstances. If you need a copy of your Form I-94, you may request it here.

Please note: If you originally received a paper I-94 before the CBP automated them online, and it has since been lost, you may need to submit a Form I-102 with USCIS in order to receive a replacement. For more information on this, please see here. 

3. Form I-797B, Notice of Action: Form I-140, Petition for Alien Worker

Form I-797B is issued when the applicant submits Form I-140, Immigrant Petition for Alien Worker. The body of the document will include instructions. The bottom section will include important information for admission to the U.S. depending on the applicant’s circumstance, like all I-797 forms, this form will include details about your application. 

Please note: The I-797B Form is required for any Employment-Based Adjustment of Status Applications. 

4. Form I-797C, Notice of Action: Important Information

This is perhaps the most common I-797 form. It is very important that you read this document carefully as it usually tells you the next step in the application process. In addition to the regular information, the Form I-797C will inform the applicant of a rejection, transfer, re-opening, or scheduled/re-scheduled appointment.

Form I-797C is also the form that will come separately, at the same time or a few weeks after, the initial receipt notices that will include instructions for setting up your Online USCIS Account. For more information on this, please go to USCIS’s website here.

Typical appointments include a biometrics appointment or an interview with a USCIS officer. If you receive a Form I-797C, pay close attention to what it says. Ignoring or misreading the instructions can delay your case.

5. Form I-797D, Notice of Action: Includes a Benefit Card

The Form I-797D will generally include a benefit card. This could be a green card or another official document such as an Employment Authorization Document (EAD) or Advance Parole. Like the regular I-797 form, you will not need to do anything with this form. However, it is still important to keep a copy for your personal records.

6. Form I-797E, Notice of Action: Request for Evidence

Many USCIS forms require additional evidence. This is called a Request for Evidence (RFE). If the USCIS does not receive all the required evidence in an application, they will send the form I-797E. In this form, they will explain the issues with the evidence already provided or simply state that no evidence was included.

If you receive this form, make sure to read it carefully! The Form I-797E will often include a time limit and specific instructions. If you never respond to a request for evidence, your application will most likely be denied.

When responding to a Request for Evidence: Only submit photocopies of official documents unless original documents are specifically requested because the USCIS will not return evidence to you and will most likely destroy it after the case is closed.

Click here for more information about responding to Requests for Evidence.

7. Form I-797F, Transportation Letter: Travel Permit

This is the only I-797 form that is not a “Notice of Action.” This document allows overseas applicants to travel. If you receive Form I-797F, simply follow the guidelines provided in the document as they are specific to your case type.

What to do if you lose an I-797 Form and want, or need, a replacement? 

If your I-797 has been lost or stolen, you will need to reach out directly to USCIS to help obtain your receipt number. To do so, you can schedule an appointment with them online here, or call them directly at 1-800-375-5283.