Last month, USCIS published a notice in the Federal Register, which would have changed the filing address for N-400s from USCIS Service Centers to two lockbox facilities in Arizona and Texas. Implementation of this new process would have begun Oct. 14, 2008.

USCIS is delaying implementation of this new filing procedure to conduct additional tests of the technology involved. Accordingly, the Sept. 12 notice will be withdrawn Oct. 10, 2008.

Applicants for naturalization should continue to submit their Form N-400 according to the instructions on the form until further notice. In almost all cases, this means applicants will submit their N-400s to a USCIS Service Center.

For additional information, visit us on the Web at www.uscis.gov or call the National Customer Service Center at (800) 375-5283.

This notice does not change the filing location for Forms N-400 filed by active members or certain veterans of the Armed Forces who are eligible to apply for naturalization under sections 328 or 329 of the Immigration and Nationality Act (the Act).

What happens if I file a Form N-400 covered by this notice at the wrong location?

For the first 30 days after this notice takes effect, USCIS will forward any improperly addressed Form N-400s covered by this notice to the proper lockbox address. Any applications forwarded within this time period will be considered properly filed when receipted at the Lockbox.

After this 30-day transition period, any Form N-400 covered by this notice that is received at a location other than the appropriate lockbox address will be returned to you with an explanation directing you to mail it to the appropriate lockbox address.

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The 30-year-old was to fly from Edmonton to Houston, where she was to marry her Texan fiance on Sept. 20. As Tyrrell excitedly approached the customs gate at Edmonton International Airport, her only worry was her satin wedding dress might be too big for a carry-on.

The customs officer had no problem with Tyrrell’s dress but he wouldn’t let her board her plane. Nearly six hours later, Tyrrell found herself driving home to Beaumont instead of flying towards the altar.

“I was supposed to have a fiance visa,” she said. “Because I didn’t have the paperwork or what not, it was recommended that they withdraw my application to enter the States.”

Tyrrell’s fiance Joe Marks had already consulted with U.S. immigration officials however, and they advised him not to get a fiance visa. He said he was given two options: either get a fiance visa or marry in the U.S. and then deal with the paperwork later.

At least two officials recommended the latter option, Marks said.

“They said that would be the easiest way to do it because we’d be circumventing the fiance visa,” Marks said. “They said it would be no problem. Obviously, we were under the impression that we were doing the right thing.”

The couple should have consulted with a lawyer just to be safe, said a spokesman with the U.S. Department of State.

“It’s always good to consult with a professional,” said Steve Royster with U.S. consular affairs. “I would want the assurance to know that Ihad talked to a professional that was looking out for my interests.”

Royster said couples like Marks and Tyrrell face two legal avenues: obtain a fiance visa or marry outside of the U.S. and then petition for an immigrant visa for the non-U.S. citizen.

For Tyrrell, it’s now too late to get a fiancee visa in time for her Sept. 20th wedding. The couple is canceling the ceremony and will lose around $7,000 in wedding deposits and expenses.

Marks complained to his local immigration office on Tuesday and they told him he was probably misinformed. They also said the whole mishap could have been avoided if Tyrrell simply hadn’t admitted to why she was entering the States.

For Tyrrell, this option didn’t even occur to her.

“I didn’t feel that I needed to lie, you know? I was excited, I wanted everyone to know,” she said. “We’ll still get married but it’s a big damper… apparently love is not all you need.”

article via Canada.com

In the interest of creating a more standardized, fair, and meaningful naturalization process, U.S. Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The revised test, with an emphasis on the fundamental concepts of American democracy and the rights and responsibilities of citizenship, will help encourage citizenship applicants to learn and identify with the basic values we all share as Americans.

Redesign Process
The major aim of the redesign process is to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and that the civics test can effectively assess whether applicants have a meaningful understanding of U.S. government and history. Following a basic U.S. history and civics curriculum, the redesigned test will serve as an important instrument to encourage civic learning and patriotism among prospective citizens.

To accomplish these goals, USCIS initially piloted a new test–with an overhauled English reading and writing section, as well as new history and government questions–in ten sites across the country. The feedback from this pilot was then used to finalize testing procedures, English reading and writing prompts, and a list of 100 new history and government questions. To ensure the pilot accounted for a representative sample of candidates with a variety of education levels, the test was also piloted at adult education sites nationwide. 

The resulting redesigned test was publicly introduced on September 27, 2007. Naturalization applicants will begin taking the revised test on October 1, 2008.

Which Test Do I Take?

USCIS will begin administering the redesigned (new) naturalization test on October 1, 2008. Use the chart below to determine if you will take the current or redesigned (new) test.

Date Form N-400 Filed*	Date of Initial Exam	Test to be Taken	If Applicant Fails Initial Exam, Re-test to be Taken
Before October 1, 2008	Before October 1, 2008	Current Test	Current Test
Before October 1, 2008	On or After October 1, 2008 up until October 1, 2009	Applicant’s Choice of -Current Test or -Redesigned (New) Test	The same version of the test as the one taken during the initial examination
On or After October 1, 2008	On or After October 1, 2008	Redesigned (New) Test	Redesigned (New) Test
At Any Time (i.e. Before, On or After October 1, 2008)	On or After October 1, 2009	Redesigned (New) Test	Redesigned (New) Test

*The Application for Naturalization, Form N-400, is properly filed with USCIS on the date it is received by the appropriate USCIS Office with signature, correct fee, and the form is completed according to instructions.

Petitioners who live in Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming must file their Forms I-751 with the California Service Center:

USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075

Petitioners who live in Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, and West Virginia must file their Forms I-751 with the Vermont Service Center:

USCIS Vermont Service Center
75 Lower Welden St.
P.O. Box 200
St. Albans, VT 05479-0001

Beginning September 24, 2008, USCIS will only accept the revised form dated August 25, 2008, and will reject previous versions of the form as well as petitions filed with the incorrect Service Center.

Please contact the National Customer Service Center at (800) 375-5283 for more information.

Submission of an earlier version of Form I-765 may result in rejection of the application. The main purpose of the Form I-765 is to allow certain aliens in the United States to request employment authorization and an Employment Authorization Document (EAD).

See this link for the Current I-765 Form.

The VJ Download Section contains links to many other common USCIS forms as well.

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa. The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa.

Important Notice: The new DS-160, Nonimmigrant Visa Electronic Application, is currently being used only at a few selected U.S. Embassy/Consulate locations. An announcement will appear here when the Department of State is closer to full implementation.

http://travel.state.gov/visa/frvi/forms/forms_1342.html

USCIS announced last month that it is revising filing instructions for Form I-751 to require filing at the California or Vermont Service Centers. Until the form instructions are revised, any petitions filed with the Nebraska and Texas Service Centers will be transferred to California and Vermont, respectively. When USCIS enters data at one service center and later transfers the case to another, a Transfer Notice is sent to the petitioner advising him or her that the case has been transferred for adjudication and that they will be notified of the final decision.

The current transfer notice currently contains the following phrase: “CRI89 approved removal of conditions (I89).” That statement means that the biometric portion of the case has been successfully transferred; it does not, however, mean that the petition itself was approved.

While USCIS is in the process of changing the language in the transfer notice, a substantial number of notices have already been mailed containing the potentially confusing statement. Any petitioner who may have received such a notice should be aware of the following:

–o At the time the I-751 was transferred, USCIS had not yet adjudicated (approved or denied) the case;

–o USCIS transferred the case to the Service Center listed on the notice for adjudication; and

–o If the petitioner has not received additional information from the California or Vermont Service Centers, USCIS has not yet adjudicated the case.

Petitioners who have a specific question related to their I-751 petition should contact the National Customer Service Center at (800) 375-5283 for more information.

Independence, MO — It is in their fate that Chuck Bennett and Teresita Aldana be married.

And they almost were.

“I love Teresita more than anything,” says Bennett, a resident of Independence. “All I want is to call her my wife and have her at my side for the rest of my life.”

But America’s immigration system won’t allow it.

For the past several weeks the couple has been in Juarez, Mexico – stranded. Wondering whether they can change the opinion of a consulate officer who saw pictures and a marriage license and deemed them already married (note: they were not however the officer did not beleive their proof — a certified letter from the Mexican government stating they were never married).

“We played by the rules, and now we’re paying for it,” Bennett says.

The couple was set to be married – having even completed a nine-month marriage preparation course – but was told it was illegal for Aldana, a Mexican national, to marry while in the United States on a tourist visa.

“We were informed that she needed a K-1, or fiancé visa, so she applied for one last year,” Bennett says.

Many months later, the fight has only begun for the couple as matters such as these frequently occupy years, even decades.

They have on their side a member of Congress and one of the nation’s foremost immigration attorneys.

But they’re up against an opponent with absolute power who could have already delivered the knockout blow.

read the full story at the examiner.net

As a note: VisaJourney News has emailed the US Consulate in Juarez, Mexico regarding this case. We will update with any information we recieve back.