Family Based Immigration Blog | Law Office of Jessie M. Thomas

18 May

During the COVID-19 pandemic, travel issues for lawful permanent residents and others seeking to enter or return to the United States can occur due to change quickly changing travel restrictions. If at all possible, traveling outside the United States should be avoided except in the most urgent situations.

If you are a lawful permanent resident (LPR), you should keep the following concepts in mind when considering travel outside the United States:

You Must Maintain a Permanent U.S. Home or Risk Losing Your Status

< 180 Days
Absence from the United States of less than 180 days = no presumption of abandonment of permanent residence.
>180 Days < 1 Year
Absence from the United States of more than 180 days, but less than one year = there is a rebuttable presumption that you may have abandoned permanent residence (meaning the government presumes you have abandoned your residence and the burden is on you to prove otherwise).
> 1 Year
Absence from the United States of more than one year = automatic loss of LPR status unless appropriate steps were taken prior to departure to preserve status.

Preserve LPR Status by Applying for a Reentry Permit

If you know or believe you will be outside the United States for more than a year, you should apply for a reentry permit with USCIS BEFORE you leave. Your immigration attorney can help you with this. You will need to be physically present in the United States when the application is filed. You will also need to be in the United States for biometrics processing, which is usually scheduled anywhere from several weeks to several months after USCIS receives the application, so plan ahead as much as possible.

Learn more about potential issues for permanent residents in pandemic times related to travel restrictions and steps you can take to preserve status by reviewing the printable flyer below.

Questions About the Effect of Travel Restrictions on Your Immigration Options?

If you or a family member have any questions about the effect of travel restrictions and the resulting travel issues for lawful permanent residents on your immigration options, it is important to speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

Printable Flyer on Potential Issues for Permanent Residents in Pandemic Times Related to Travel Restrictions

View online, download, or print and share with others

Travel Issues For Permanent Residents In Pandemic Times

8 Jan

Naturalization Ceremony on Flag Day | Law Office of Jessie M. Thomas

New U.S. Citizenship Test: 2020 Version

Jessie Thomas

Immigration News

Important Update Regarding the 2020 Version of the Civics Test

On Dec. 1, 2020, USCIS implemented a revised version of the civics test for naturalization (2020 civics test). Due to recent policy changes, some applicants required to take the 2020 civics test may now have a choice to take the 2020 test or the 2008 civics test. Please note that beginning on April 19, 2021, USCIS will only offer the 2008 civics test at the initial interview appointment regardless of filing date.

Update

USCIS Reverts to the 2008 Version of the Naturalization Civics Test

Release Date 02/22/2021

WASHINGTON— U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

You can read more about about the USCIS announcement to revert back to the 2008 version of the naturalization civics test here.

The new U.S. citizenship test civics test that immigrants who apply for citizenship through naturalization take is longer and much more complicated than its previous version. After December 1, 2020, the new version of the oral test consists of 128 questions and answers.

In the revised naturalization test announced in November by the U.S. Citizenship and Immigration Services (USCIS), the officer who is serving at the time of the eligibility interview with USCIS will ask each applicant a total of 20 questions. An immigrant must answer 12 out of 20 questions correctly to pass the civics portion of the naturalization test.

Previously, the USCIS officer asked a total of 10 questions from a general bank of 100 civics questions. An applicant had to correctly answer six of those 10 questions to pass.

Furthermore, in the previous test, if an immigrant answered six questions correctly before reaching the last one, this component of the exam ended. In the revised test, even if the person answers 12 questions correctly, the officer must continue to ask all 20.

The test will evaluate an immigrant’s knowledge of American history, government, and civic values.

U.S. Citizenship Test Will Be Harder

USCIS made public, in English, the 128 civics questions and answers for the 2020 version of the civics test. This is the database that legal permanent residents who aspire to citizenship through naturalization must study.

In the new test, 57 questions remained the same, 13 have been reworded, and five require more answers. The rest are brand new.

Experts have said that the questions have a higher level of complexity. Here are some examples:

Question 51 in the old test: What are two rights of everyone living in the United States?
Question 65 in the new test: What are three rights of everyone living in the United States?
Question 64 in the old test: There were 13 original states. Name three.
Question 81 in the new test: There were 13 original states. Name five.
Question 100 in the old test: Name two national U.S. holidays.
Question 126 in the new test: Name three national U.S. holidays.

How can I prepare for the 2020 version of the civics test?

To help you prepare for the 2020 version of the civics test, you can find study materials that are available below.

The 2020 Version of the Civics Test | USCIS
- Civics Questions & Answers
- Civics Flash Cards
- Pocket Study Guide
Please note, on the civics test, some answers may change because of elections or appointments. Visit the Civics Test Updates page to find the answers that may have changed on the civics test. You must answer the question with the name of the official serving at the time of your naturalization interview.
Although USCIS is aware there may be additional correct answers to the civics questions, applicants are encouraged to respond to the questions using the answers provided in the study materials.

Questions About The New 2020 Version of the U.S. Citizenship Test?

If you or a family member have any questions about the new 2020 version of the new U.S. citizenship test, it is important to speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

2 Mar

New Public Charge Rule – How Does It Affect You

Jessie Thomas

Immigration News

What is New

U.S. Citizenship & Immigration Services (USCIS) implemented a new rule, effective February 24, 2020, to decide who will be considered a “Public Charge” (someone that is likely to need financial assistance from the government). The Department of State (DOS) also implemented an interim final rule, effective February 24, 2020, to align DOS’s public charge standards with those of USCIS.

How Does This Impact You

If you or your employee are seeking to remain or come to the United States either temporarily or permanently and are not in one of the exempt categories below, the rule will apply to you if you file on or after February 24, 2020. You will need to provide additional information and documents to USCIS as part of your application. This includes information about your health, family, education, income, assets, liabilities, receipt of any public benefits, and an Affidavit of Support from a financial sponsor. If you are found to be inadmissible as a Public Charge, you may be able to pay a bond and still adjust, change or extend your status.

Not everyone is subject to the public charge rule. The most common exceptions are the following:

Asylees and Refugees
Applicants for U or T Nonimmigrant Status
VAWA Self-Petitioners
Special Immigrant Juveniles
Applicants seeking Temporary Protected Status
Applicants under the Cuban Adjustment Act
U.S. citizens, including naturalized citizens
Lawful Permanent Residents (note: if you plan to be abroad for more than 180 days, please talk to your attorney)

What Should You Do Now?

Talk to your lawyer about how the new rule affects you.

Talk to your lawyer about any past receipt of benefits and before applying for any new benefits.

What Benefits Are Problems for Public Charge?

Cash Assistance for Income Maintenance (includes TANF, SSI, and federal, state, and local assistance programs)
SNAP or Food Stamps
Medicaid (with exceptions listed below)
Housing Assistance (Public Housing or Section 8 Housing Vouchers and Rental Assistance)

What Benefits May You and Your Family Still Receive?

Any benefits not on the above list are NOT considered as public
benefits under the public charge rule, such as:

Benefits received by the immigrant’s family members
Benefits received by U.S. Armed Forces Service Members
Emergency medical assistance
Medicaid received by (1) children under 21; (2) during pregnancy or within 60 days of pregnancy; or (3) under the Individuals with Disabilities Education Act (IDEA).
Heath Insurance under the Affordable Care Act
Social Security and Medicare
WIC
CHIP
Energy Assistance (LIHEAP)
Pell grants and student loans
Worker’s Compensation or Unemployment Benefits
Tax-related cash benefits

Questions About Public Charge? Contact An Experienced Immigration Lawyer

If you or a family member have any questions about public charge and how the new public charge rule affects you, it is important to speak with a qualified immigration lawyer. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or submit your questions online at www.staylegally.com/contact/ .

Printable Factsheet To Help You Understand How The New Public Charge Rule Affects You