Articles Posted in Citizenship & Naturalization

The United States Government Accountability Office (GAO) conducted an investigation from May 2008 through March 2009 which showed that terrorists or criminals could steal an American citizen’s identity, use basic counterfeiting skills to create fraudulent documentation for that identity, and obtain a genuine U.S. passport from the Department of State (DOS). The GAO conducted their investigation by using “basic counterfeiting skills.”

The same GAO investigator was able to easily obtain four passports issued by the DOS under four different names. The first passport was applied for in a United States Postal Service (USPS) office in Virginia in July of 2008. The investigator used a counterfeit West Virginia driver’s license, and a counterfeit New York birth certificate, along with the passport application form. The first passport was issued 8 days after the application was submitted for review. The GAO investigator applied for the second passport in August of 2008 at the State’s regional Washington, D.C. passport issuing office. The GAO investigator used a genuine District of Columbia (DC) identification card obtained with fraudulent documentation, and a counterfeit New York birth certificate, along with the passport application form. Surprisingly enough, the passport was issued to the investigator that same day. In October of 2008, the investigator applied for another passport in a USPS office located in Maryland. The investigator submitted a counterfeit West Virginia driver’s license, and a counterfeit New York birth certificate. The submitted passport application contained the Social Security Number (SSN) of a fictitious 5-year-old child, which was obtained from a prior investigation. Once again, another passport was issued to the investigator based on the documentation submitted only 7 days later. The final passport issued as a result of this investigation was in December 2008 from a USPS office in Maryland. The investigator submitted a counterfeit Florida driver’s license, and a counterfeit New York birth certificate. The passport form contained the SSN of a deceased individual. And again, the passport was thereafter issued only 4 days after the documentation was submitted for review.

After the investigation, the GAO briefed DOS officials on the results. DOS officials admitted that the findings expose a major vulnerability in DOS’s passport issuance process. According to DOS officials, the department’s ability to verify information submitted by passport applicants is hampered by limitations to its information sharing and data access with other agencies at the federal and state levels. This is the same problem that was identified after the tragic events that took place on September 11, 2001, eight. Additionally, they said that they do not currently have the ability to conduct real-time verification of the authenticity of birth certificates presented by passport applicants, and to make matters worse, there are other difficulties with verifying the authenticity of drivers’ licenses.

The United States Citizenship and Immigration Service (USCIS) has released its most updated materials for those interested in or applying for naturalization/citizenship.

At the MVP Law Group, we recommend that naturalization/citizenship applicants review the Publication: The Citizens’ Almanac. The Almanac provides an in-depth look at the history of the United States of America. It contains detailed information about fundamental documents, symbols, and anthems of the United States like the Declaration of Independence, the U.S. Constitution, the Star Spangled Banner and the American Flag. It also contains several Presidential and historical speeches along with a few landmark decisions of the U.S. Supreme Court.

Applicants anticipating an interview for naturalization should review the study materials provided by the USCIS. The MVP Law Group recommends that applicants utilize the following:

Under special provisions of the Immigration and Nationality Act (INA), service members and certain veterans of the United States armed forces may apply for expedited citizenship . Qualifying military service is generally in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. Several of the requirements are provided below:

– A member of the U.S. armed forces must have good moral character; knowledge of

the English language; knowledge of U.S. government and history; and attachment to

The prior edition of the N-400 Application for Naturalization expired on October 31, 2008. A new edition of the form has yet to be posted to the USCIS website. Until further notice, the USCIS has informed the American Immigration Lawyers Association (AILA) that applicants may continue to submit their applications on any useable edition of the form.

To clarify, applicants seeking naturalization may continue to file using Form N-400 found on the USCIS website until a new revised form is posted.

The United States Department of Homeland Security’s (DHS), United States Citizenship and Immigration Services (USCIS) Ombudsman issued a press release informing the public about the status of FBI name checks and the projected processing times for applicants filing for Naturalization . The Ombudsman is an independent office of DHS which reports directly to the DHS Deputy Secretary. The Ombudsman is responsible for assisting individuals and employers in resolving problems with the USCIS and identifying areas in which individuals and employers have problems in dealing with the USCIS.

FBI name checks are just one of several security screening tools used by the USCIS for individuals seeking immigration benefits in the U.S. The USCIS Ombudsman had identified FBI name check delays at one of the major hurdles to improved customer service at USCIS in his 2008 and 2007 Annual Reports to Congress. Fortunately, Congress responded and provided the necessary funding for USCIS and the FBI to complete a larger percentage of FBI name checks in a timely manner. USCIS met its April 2, 2008 goal by processing all name checks pending more than two years by July 2008. As of August 12, 2008, there were 95,449 FBI name checks pending, compared to 269,943 name checks pending as of May 6, 2008. Additionally, there were 61,817 name checks pending more than six months, compared to 185,162 pending for more than six months as of May 6, 2008. Although there is a sufficient backlog still to be processed, the USCIS is significantly making progress in an effort to improve service for those seeking U.S. immigration benefits.

According to the USCIS, naturalization application processing will take an average of 10-12 months nationally by the end of this month. Previously, USCIS estimated processing times of 16-18 months, then 14-16, then later to 13-15 months. The delay in processing is due to the enormous amount of applications that were submitted during the summer of 2007. Three million naturalization applicants were submitted to the USCIS compared to the 1.8 million submitted the previous year. Overall, the USCIS seems to be making considerable progress compared to past years.

The United States Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The major goal of the redesign process is to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and to provide a fair and meaningful naturalization process. The USCIS believes that the newly designed test will help encourage citizenship applicants to learn and identify with the basic values we all share as Americans.

To accomplish their goals, USCIS piloted a new test with an overhauled English reading and writing section, as well as new history and government questions in several sites across the country. The feedback from the pilot program was used to finalize testing procedures, reading and writing prompts and new history and government questions.

Naturalization applicants will begin taking the redesigned test on October 1, 2008. To determine whether you will take the current or redesigned test, please refer to the chart provided by the USCIS.

In July of 2007, the U.S. Citizenship and Immigration Services (USCIS) received a record 460,000 applications for naturalization. Moreover, for 2007, the USCIS received 1.4 million naturalization applications. This is double the normal annual volume. As a result of the record volume of applications, the USCIS announced in April
of this year that depending on the region that an applicant’s citizenship application was filed, it was taking the USCIS at least five to fourteen months. As a result, over the past few months, the USCIS has increased the number of officers adjudicating naturalization applications. Moreover, USCIS just announced that it will centralize the initial naturalization processing. Hopefully, these changes speed up the process for the thousands of individuals who are waiting to become citizens.

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