DHS releases Interagency Strategy for Promoting Naturalization
Release Date 07/02/2021
WASHINGTON – Today the Department of Homeland Security’s U.S. Citizenship and Immigration Services released the Interagency Strategy for Promoting Naturalization (PDF, 3.77 MB), a whole-of-government approach to breaking down barriers to U.S. citizenship and promoting naturalization to all who are eligible, as outlined in President Biden’s Executive Order 14012.
“Becoming a United States citizen is a tremendous privilege,” said Secretary Alejandro N. Mayorkas. “New citizens, strengthened with the power and responsibilities that American citizenship brings, make our Nation better. This strategy will ensure that aspiring citizens are able to pursue naturalization through a clear and coordinated process.”
This report reflects the collaboration of USCIS, the Department of Education, Department of Health and Human Services, Department of State, Department of Labor, Department of Housing and Urban Development, Department of Defense, Department of Justice, Department of Veterans Affairs, Department of Agriculture, and the Social Security Administration, who are part of the interagency Naturalization Working Group. This working group was established pursuant to the President’s executive order to prioritize citizenship education and awareness through capacity building and expanded partnerships, which is at the heart of the interagency strategy.
“USCIS remains committed to empowering immigrants to pursue citizenship along with the rights and opportunities that come with it. It is fitting that this report is being released days before our nation’s 245th birthday. There is no greater testament to the strength of America than our willingness to encourage others to join us as U.S. citizens as we work together to build a more perfect union,” said USCIS Acting Director Tracy Renaud.
“We look forward to the work ahead in welcoming and supporting aspiring Americans and equipping them with the tools they need to be successful in their journey to citizenship, and beyond.”
Since the beginning of the Biden-Harris administration, USCIS has taken a number of steps to reduce barriers to naturalization and restore confidence in our nation’s legal immigration system. More information on naturalization policies issued since January 2021 is available on the USCIS website (PDF, 972.45 KB).
Last Reviewed/Updated: 07/02/2021
USCIS Naturalization Policies Issued Since January 2021
7/01/2021
The Biden-Harris Administration is committed to making the naturalization process both welcoming and accessible to all who are eligible. As part of that effort, President Biden issued Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. Since the beginning of the Biden-Harris Administration, U.S. Citizenship and Immigration Services (USCIS) has issued the following naturalization policies designed to support implementation of this Executive Order:
On Feb. 22, 2021, USCIS announced the reinstatement of the 2008 civics test, effective March 1, 2021.
There was a brief period during which USCIS also offered the 2020 version of the test to applicants affected by the timing of the update.
- Preserving Continuous Residence and Physical Presence of Naturalization for Purposes of Naturalization while Engaged in Religious Duties Outside the United States (PDF, 316.3 KB)
- On May 25, 2021, USCIS published guidance that applicants who are outside the U.S. for one year or more to engage in ministerial or priestly functions may treat such time abroad as continuous residence and physical presence in the United States for naturalization purposes.
- Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process (PDF, 332.67 KB)
- On May 27, 2021, USCIS published guidance regarding an applicant’s registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character.
- This guidance also clarified that USCIS will not penalize applicants who unknowingly or unwillfully register to vote, and that USCIS does not consider an applicant to have unlawfully registered to vote if they did not complete or sign the voter registration section.
- Veterans Residing Outside the United States and Naturalization (PDF, 436.87 KB)
- On May 28, 2021, USCIS published guidance to clarify that certain naturalization applications filed by veterans of the U.S. armed forces who served honorably during specifically designated periods of hostility and meet all other statutory requirements for naturalization are able to naturalize and become U.S. citizens in accordance with U.S. immigration laws.
- Technical Update – Incorporating New INA 320(c) Provision into Nationality Chart 3 – Derivative Citizenship of Children
- On May 24, 2021, USCIS published a technical update to the USCIS Policy Manual that incorporates into Nationality Chart 3 the new INA 320(c) provision, as amended by Section 2 of the Citizenship for Children of Military Members and Civil Servants Act, regarding the automatic citizenship of a foreign-born child of a U.S. citizen employee of the U.S. government or member of the U.S. armed forces.
Overseas Military Naturalization Process:
USCIS is utilizing video capabilities for interviews and naturalization ceremonies at Department of Defense facilities for eligible military members and their qualifying family members stationed overseas. The first naturalization ceremony by remote video occurred on March 29, 2021.
FY21 Citizenship and Integration Grants Program:
On May 17, 20121, USCIS started accepting applications for two funding opportunities under the FY21 Grant Program that will provide up to $10 million in grants for citizenship preparation programs in communities across the country. This is the agency’s 13th year operating the grant program. Obviously, this year the announcement takes on special importance as we emphasize our commitment to welcoming immigrants and giving them the tools, they need to pursue the benefits of U.S citizenship. This year is the first-time organizations will have two months to apply. Also, this year we increased our outreach efforts through public engagements and webinars.
Office-to-Office Interviews:
To help meet the requirements of physical distancing due to the COVID-19 pandemic, USCIS deployed the use of video interviews for naturalization applicants, where an applicant comes to a USCIS facility but sits in a different room than the interviewing officer who conducts the interview using video technology.
- USCIS processed over 180,000 naturalization applications between March and April 2021.
- This has allowed USCIS to return to pre-pandemic levels when it comes to completing naturalization applications.
Outstanding Americans by Choice (ABC) Initiative:
This initiative recognizes the outstanding achievements of naturalized U.S. citizens. Through civic participation, professional achievement, and responsible citizenship, recipients of this honor have demonstrated their commitment to this country and to the common civic values that unite us as Americans. Last recognizing a recipient in November 2017, USCIS has since revitalized the ABC initiative and has recognized the following individuals to date:
- In a naturalization ceremony celebrating Asian American and Pacific Islander Heritage Month in May, USCIS recognized Sandy Hoa Dang and Dr. Nguyen Dinh Thang.
- In a naturalization ceremony with Second Gentleman of the United States Doug Emhoff to honor World Refugee Day in June, USCIS recognized Immaculée Ilibagiza.
- We also expect to recognize an ABC recipient who is a “COVID-19 hero” during a special Independence Day-themed naturalization ceremony.
Full biographies for the recent Outstanding ABC recipients are available on the Outstanding Americans by Choice page.
Last Reviewed/Updated: 07/01/2021
Source: https://www.uscis.gov/news/all-news/uscis-naturalization-policies-issued-since-january-2021
USCIS to Celebrate Independence Day with Naturalization Ceremonies Across the Country
7/01/2021
WASHINGTON— U.S. Citizenship and Immigration Services will celebrate Independence Day this year by welcoming more than 9,400 new citizens in 170 naturalization ceremonies between June 30 and July 7. These ceremonies demonstrate our commitment to welcoming immigrants. USCIS is proud to welcome people from all over the world as our newest U.S. citizens during this celebration of Independence Day.
“This year marks the 245th birthday of our Nation,” said Acting USCIS Director Tracy Renaud. “We are committed to promoting policies and procedures that ensure we operate fairly and efficiently, and continue to encourage and embrace the full participation of the newest Americans in our democracy.”
Each July 4, we celebrate the day the Second Continental Congress adopted the Declaration of Independence in 1776, declaring that the 13 American colonies regarded themselves as a new nation—the United States of America—and were no longer part of the British Empire. USCIS commemorates this momentous occasion by hosting special Independence Day-themed naturalization ceremonies across the country.
This year’s Independence Day activities will include two special ceremonies. This includes a naturalization ceremony with President Biden at the White House on July 2 and a ceremony with Secretary of Homeland Security Alejandro N. Mayorkas administering the Oath of Allegiance virtually to 22 military service members serving overseas, which took place on June 30. Additional ceremonies marking this year’s Independence Day include a ceremony with Deputy Secretary of Homeland Security John Tien at the USCIS Atlanta office, ceremonies aboard the USS Constitution Museum in Boston with Chief of Naval Operations Admiral Mike Gilday and the Battleship USS Iowa in Los Angeles, and a special ceremony at George Washington’s Mount Vernon. Throughout all these ceremonies, USCIS will honor and recognize the commitment and contributions immigrants make to our Nation, including military members, front-line workers, and COVID-19 heroes who have played a critical role in helping our country respond to and recover from the COVID-19 global pandemic. View a list of highlighted 2021 Independence Day-themed ceremonies.
USCIS reaffirms its commitment to making the naturalization process accessible to all who are eligible. Since the beginning of the Biden-Harris administration, we have taken a number of steps to support implementation of Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans, including the reinstatement of the 2008 civics test, which took place in February. Reverting to the 2008 civics test was in keeping with other updates with the same purpose.
Following each naturalization ceremony, we encourage new U.S. citizens to share their naturalization stories and photos on social media using the hashtag #newUScitizen.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.
Last Reviewed/Updated: 07/01/2021
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director.
This temporary suspension will apply to applicants filing Form I-539 requesting the following:
- Extension of stay in or change of status to H-4 nonimmigrant status;
- Extension of stay in or change of status to L-2 nonimmigrant status;
- Extension of stay in or change of status to E-1 nonimmigrant status;
- Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
- Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
This suspension will apply only to the above categories of Form I-539 applications that are either:
- Pending as of May 17, 2021, and have not yet received a biometric services appointment notice; or
- New applications postmarked or submitted electronically on or after May 17, 2021.
However, USCIS retains discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an application support center (ASC) appointment to submit biometrics.
Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment.
Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later (while this suspension of the biometrics requirement is in effect), if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because the applicant included the $85 biometrics service fee after the grace period, the applicant will need to re-file Form I-539 without the biometric services fee.
Background
Beginning March 2019, USCIS required certain Form I-539 applicants and co-applicants to appear in person at an ASC to submit their biometrics. In March 2020, USCIS temporarily suspended in-person services at its field offices, asylum offices, and ASCs to help slow the spread of COVID-19. Although ASCs have since reopened to the public, they are not yet operating at full appointment capacity due to necessary COVID-19 health and safety protocols. These temporary closures and capacity limitations at the ASCs, accompanied by other processing delays, created a substantial volume of cases awaiting biometrics appointments at ASCs.
The significant volume of pending cases related to Form I-539 are particularly impacting the timeframe for USCIS to adjudicate the related employment authorization applications (Form I-765, Application for Employment Authorization) for H-4 nonimmigrants (spouses and children of H-1B nonimmigrants), L-2 nonimmigrants (spouses and children of L-1 nonimmigrants), and certain E nonimmigrants (dependents of E-1, E-2 and E-3 principal nonimmigrants).
While DHS regulations provide for an automatic extension of employment authorization for certain EAD renewals, H-4, L-2, and E nonimmigrants are not included in the applicable automatic renewal provisions. Form I-765 cannot be approved until after the dependent spouse’s underlying H-4, L-2, or E nonimmigrant status is granted or extended upon approval of Form I-539.
Suspending biometrics requirements for 24 months for H-4, L-2, and E nonimmigrants filing Form I-539 who meet the criteria above will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols. USCIS has decided to suspend biometrics submission for all H-4, L-2, and E nonimmigrants (in other words, both dependent spouses and children) filing Forms I-539 rather than limiting the suspension to only those dependent spouses who are also filing Form I-765 because it would not be operationally feasible to treat dependent children differently from dependent spouses. USCIS will continue to monitor ASC capacity and adjudication processing times for Form I-539 and Form I-765 and may adjust or extend this suspension as circumstances change.
USCIS has general authority to require the submission of biometrics from applicants, petitioners, and beneficiaries for immigration or naturalization benefits or requests. The Immigration and Nationality Act (INA) at section 103(a), 8 U.S.C. 1103(a), provides general authority for DHS to collect or require submission of biometrics. DHS regulations provide specific authority to require biometrics submission at 8 CFR 103.2(b)(9) and 103.16.
This alert is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law, or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.
Last Reviewed/Updated: 05/13/2021
DHS Proposes to Limit Work Permits for Aliens with Final Orders of Removal
Release Date 11/17/2020
Rule will encourage these aliens to depart the country
WASHINGTON—The Department of Homeland Security (DHS) today announced a proposed rule that would limit discretionary work authorization for aliens who have final orders of removal and who have been temporarily released from DHS custody on an order of supervision (OSUP). The rule would align the issuance of discretionary employment authorization with the administration’s priorities to protect U.S. workers and strengthen immigration enforcement.
Orders of supervision allow DHS to place conditions on and monitor aliens with final orders of removal who have been temporarily released from DHS custody until DHS has the travel documents necessary to remove the alien from the United States. The OSUP contains several conditions for release, including a requirement that aliens cooperate with efforts to procure the travel documents for removal, check in with DHS on designated dates, and present themselves for removal once it is arranged.
“Authorizing employment benefits to aliens who have already had due process and have been ordered removed by the U.S. government undermines the rule of law and weakens DHS enforcement and removal operations,” said USCIS Deputy Director for Policy Joseph Edlow. “This effort would also remove the economic incentive for these aliens to not cooperate in the effort to obtain travel documents to return to their home countries.”
Under current regulations, an alien who has a final order of removal and who is temporarily released from DHS custody on an OSUP is generally eligible for an employment authorization document (EAD). This creates a disincentive for the alien to depart or cooperate with their home country to obtain travel documents to depart the United States. These aliens have used substantial government resources throughout the removal process and have ultimately been ordered removed from the United States by an immigration judge.
Under the proposed rule, only a small subset of these aliens who can demonstrate that DHS has determined that their removal from the United States is impracticable would remain eligible for discretionary employment authorization. DHS will require such aliens to establish economic necessity to work, consistent with other discretionary EAD categories, and USCIS will assess whether they warrant a favorable exercise of discretion for a grant of employment authorization. In addition, aliens who qualify for discretionary employment authorization under the proposed rule and subsequently seek to renew their work authorization would also be required to establish that their employer participates in E-Verify and is in good standing in the program.
The proposed rule also would limit the validity period of the employment authorization for aliens released on an OSUP to one year, regardless of whether it is an initial or a renewal employment authorization. When a final rule is published, the changes made by the rule will apply to initial and renewal applications filed on or after the final rule’s effective date. Aliens who are employment-authorized prior to the final rule’s effective date will remain employment authorized until the expiration date on their EAD, unless the EAD is terminated or revoked. The final rule also would not affect applications to replace EADs granted before the final rule’s effective date.
For more information on USCIS and its programs, please visit uscis.gov or follow them on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis) and LinkedIn (/uscis).Last Reviewed/Updated:11/17/2020