Archive for January, 2010

January 21, 2010 – Naturalization for Armed Forces

Thursday, January 21st, 2010

On January 19, 2010, the Department of Homeland Security (DHS)  issued a final rule that changes the DHS’s regulations by implementing a statutory amendment reducing from three years to one year the length of time a member of the United States Armed Forces has to serve to qualify for naturalization through service in the Armed Forces.  In addition, this rule also amends DHS regulations by implementing a statutory amendment to include as eligible for naturalization individuals who served or are serving as members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces during specified periods of hostility.  This rule also eliminates the need to submit G-325B, Biographic Information.

In the past,  aliens who served in the U.S. Armed Forces during peacetime were eligible for naturalization only after serving for period of three years and only those who were in active status were eligible to naturalize.  Until 2003, the govement reduced the three years requirement to one year for alien Army in active status during peacetime and extended the benefit of naturalization to individuals who have served as members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces during such periods of hostilities.

Click here to see this final rule in its entirety.

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February 2010 Visa Bulletin

Monday, January 11th, 2010

The Department of State has released its February Visa Bulletin, it predicts the availability of Immigration numbers during February 2010.   There will be a modest advancement for EB2 Mainlanad China as their priority cut off dates have moved approximately 3 weeks forward to May 22, 2005.  For the third employment based category, cut off dates will advance approximately 7 weeks for Mainland China and worldwide to September 22, 2002.  Applicants from India and other countries within the EB2 and EB3 catagories remain unchanged.

Click here to see the full February Visa Bulletin

Janurary 5, 2010 – US lifts Immigration Ban on HIV/AIDS

Tuesday, January 5th, 2010

After 22 years of immigration ban preventing anyone with HIV/AIDS from entering the U.S., the ban has finally come to an end.  As of January 4, 2010, HIV infection is no longer defined as a communicable disease of public health signficance and HIV infection will no longer make an alien inadmissiable under 212(a)(1)(A)(i) of the Immigration and Nationality Act.  This is definitely a positive move, as President Obama said in the White House yesterday: “We lead the world when it comes to helping stem the AIDS pandemic, yet we are one of the only a dozen countries that still bar people with HIV from entering…if we want to be the global leader on combating HIV/AIDS we need to act like this”.

In the past, a person with HIV/AIDS who wanted to visit the US, would need to file a Waiver of Inadmissibility.  The application usually involved a tremedous amount of stress and an application fee was required.  Under the currently law, HIV/AIDS is no longer considered to be a factor to make a person inadmissible.  Definitely a positive news for those who suffered long-term seperation from their families and loved ones under the ban. It is time to plan your visit to the US. 

Click here if you wish to know more about this USCIS update.