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Wednesday, September 23, 2009

Process and analysis of Becoming a Permanent Resident part "TWO"

There are two ways for the petitioner can file the papers, one, is the regular procedure which can take up to 4 to 6 months the second, is called District Office Rapid Adjustment of Status Pilot Program (DORA) what this program is open to the people in Texas as well other states. and the program is a quick procedure it takes up to 3 months or less to complete. The petitioner needs to go on to the site of (“USCIS”) to infopass and make an appointment. The day and time of the appointment, the petitioner and the immigrant will meet with an immigration officer. They will ask many questions and the petitioner will present all the paperwork to the officer. The Website of (Murthy 2006) of the article “USCIS Expands Dallas Pilot Program” states “After the interview, the participants will receive an appointment notice for biometrics.

Due to the need for fingerprinting and security checks, a case cannot be approved at the time of the interview.”(Murthy 2006) The applicant will make an appointment on Infopass, for this. The applicant will receive the papers of approval or a denial. "DORA program is no longer in use do to be just a pilot program".

Receiving a denial in the mail is frustrating, but the applicant can appeal the decision. The applicant has 30 days to appeal. The Website of (USCIS) of the article (“How do I appeal the Denial of my Petition or Application?”) states “When appealing the decision the applicant is asking for a higher authority to review a
denial. The applicant can file for a motion to reopen or a motion to reconsider with the office that made the unfavorable decision.” (USCIS) There is a form to fill out and a fee to file with the form. The form is Notice of Appeal or Motion the fee is $585. The applicant makes a statement why the higher authority should change their decision. The applicant should seek out a lawyer to heal with the appeal.

The applicant and the lawyer will go before a judge, and will make the decision. If the applicant was approved then congratulation he or she is a Permanent Resident. Being a permanent resident, does not stop there, the resident have rights and responsibilities. The Website of (USCIS) of the article (“Now that you are a Permanent Resident”) states, “The rights as a permanent resident are that he or she does not commit any crimes that would make him or she removes from United States. He or she can vote where United States Citizenship is not required.” (USCIS) “There is an exception on voting he or she cannot vote in the elections limited to United States Citizens.” (USCIS) “The permanent resident has responsibilities as well and that is he or she is required to obey all laws of the United States.

He or she is required to report all tax returns to the Internal Revenue Service and State IRS. If the resident is a male ages of 18 through 25 he is required to register with the Selective Service.” (USCIS)

Every permanent resident has a dream to become a United States Citizen this is an exciting time to get prepared. There is a waiting period for the resident to become a United States Citizen, and that is 3 to 5 years to file for the Naturalization. There is a form and a fee, for this which is Application for Naturalization and the fee is $675. Reasoning for the 5 years, this shows to the United States that the resident has been in the United States. The Website of (USCIS) of the Guide (“A Guide to Naturalization”) “The applicant must show he or she has been a person of good moral character for the statutory period of 3 years, if the resident is married to an U.S Citizen and 5 years, if you are not married. They look at the good moral character on base of not committed a crime, has earned his or her principal income from illegal gambling, has been involved in smuggling illegal immigrants into the United States.”(pg .25) 

The process of naturalization there are steps to go through before taking that “Oath.” One apply and complete the application and get his or hers 2 passport-style photographs. Send the application and all documents that are needed and photos and fee to the USCIS. Study for the English and civics test. The applicant can find the questions on the test in the on The Website of USCIS “A Guide to Naturalization.” Here are Examples of what is on the Test. “How many voting members are in the House of Representatives?” (pg. 58, Question 28)

“How many Senators are there in Congress?” (pg. 57, Question 25) “Name the amendments that guarantee or address voting rights.” (pg. 59, Question 72) That is some of the questions to the test. Once the resident receives the appointment for the interview at the USCIS, the applicant will be answering questions that the officer will be asking. Then the applicant will take English and Civics test. The immigration officer will grant the decision to the resident.

Congratulations resident a date of the ceremony will arrive in the mail. When the resident get there the resident will turn in the permanent resident card then the resident will be ask some questions about what the resident have done since the interview. Then the big moment taking the “The Oath of Allegiance.”

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