The Department of Homeland Security (DHS) has published an advance copy of amendments to its regulations pertaining to the naturalization of military personnel in the federal register. The amendments are aimed at:

• Reducing from three years to one year the length of time a member of the U.S. Armed Forces has to serve to qualify for naturalization through service in the Armed Forces.

• Including the 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 as eligible for naturalization.

• Removing the requirement to submit Form G-325B, Biographic Information, with Form N-400, Application for Naturalization, for applicants applying for Naturalization through service in the U.S. Armed Forces

For complete information, please click: Naturalization of Military Personnel May Become Easy

The U.S. Citizenship and Immigration Services (USCIS) have released a set of Question and Answers (Q&As) regarding the vaccination requirements for immigrants (including individuals seeking adjustment of status). The Q&As cover the assessments made by the civil surgeon to determine whether an applicant meets the vaccination requirements, but do not address the vaccination assessments conducted by panel physicians overseas. For refugees, health departments can be considered a civil surgeon for purposes of completing the vaccination record.

For complete information, please click: Vaccination Requirements

The U.S. Citizenship and Immigration Services (USCIS) have announced new filing addresses for Form N-400 (Application for Naturalization) in Phoenix and Dallas. Starting immediately, applicants filing Form N-400 at the USCIS Dallas or Phoenix Lockbox must submit the application and all supporting documents and fees to the addresses mentioned in USCIS Update (linked blow), based on where they live.

Applicants filing under military provisions should file at the Nebraska Service Center, PO Box 87426, Lincoln, NE 68501-7462, regardless of where they live.

For full details, please click: Form N-400 Filing Location Changed

The Immigration and Nationality Act (INA) requires that applicants for immigrant visas and adjustment of status receive all routine vaccinations recommended by the Advisory Committee on Immunization Practices (ACIP) for U.S. domestic population. Accordingly, on November 13, 2009, the Centers for Disease Control and Prevention (CDC) adopted specific vaccination criteria that would be required for any person who seeks an immigrant visa or adjustment of status for U.S. permanent residence. The specific criteria are as follows:

The vaccine must be an age-appropriate vaccine as recommended by ACIP for the general U.S. population. The INA contemplates Diphtheria; Tetanus; Pertussis; Polio; Measles; Mumps; Rubella; Rotavirus; Haemophilus influenza type b; Hepatitis A; Hepatitus B; Meningococcal; Varicella; Pneumococcal; and Influenza.

The vaccine must protect against a disease that has the potential to cause an outbreak OR it must protect against a disease that has been eliminated in the U.S. or is in the process of being eliminated.

Latest, on December 14, 2009, the CDC has issued Technical instructions for Civil Surgeons clarifying on the aforementioned vaccination requirements.

For a copy of instructions and other information, please click: U.S. Permanent Residence and Vaccination Requirements

The Immigration and Nationality Act (INA) requires that applicants for immigrant visas and adjustment of status receive all routine vaccinations recommended by the Advisory Committee on Immunization Practices (ACIP) for U.S. domestic population. Accordingly, on November 13, 2009, the Centers for Disease Control and Prevention (CDC) adopted specific vaccination criteria that would be required for any person who seeks an immigrant visa or adjustment of status for U.S. permanent residence. The specific criteria are as follows:

The vaccine must be an age-appropriate vaccine as recommended by ACIP for the general U.S. population. The INA contemplates Diphtheria; Tetanus; Pertussis; Polio; Measles; Mumps; Rubella; Rotavirus; Haemophilus influenza type b; Hepatitis A; Hepatitus B; Meningococcal; Varicella; Pneumococcal; and Influenza.

The vaccine must protect against a disease that has the potential to cause an outbreak OR it must protect against a disease that has been eliminated in the U.S. or is in the process of being eliminated.

Latest, on December 14, 2009, the CDC has issued Technical instructions for Civil Surgeons clarifying on the aforementioned vaccination requirements.

For a copy of instructions and other information, please click: U.S. Permanent Residence and Vaccination Requirements

Finally, the U.S. Department of Homeland Security (DHS) puts an end to a defective federal law that made deceased U.S. citizens’ alien widows ‘ lives miserable. The U.S. Citizenship and Immigration Services (USCIS) interpreted the previous law as, if a citizen spouse dies before the USCIS acts on his/her petition (I-360) for a spouse’s green card – and if the marriage is less than two years old – the surviving foreign spouse automatically ceases to be a spouse. In simple terms, it meant that the petition dies with the petitioner and no exceptions are allowed.

The law and its interpretation received a severe criticism from various quarters. It was also challenged in the courts of law that directed the USCIS to reopen petitions and applications for adjustment of status and immigrant visas and adjudicate them in a manner consistent with the holding of the court.

Announcing the implementation of a new law free from the aforementioned defects, the DHS Secretary Napolitano said, “Allowing widows and widowers of U.S. citizens to petition for permanent residence will help keep families together while honoring the spirit of the law.” While USCIS director Mayorkas added, “These families have already experienced the pain of losing a loved one; now we can help give them a chance to stay in the country that has become their home.”

For complete information, please click: Widow Penalty Outlawed

The U.S. Citizenship and Immigration Services (USCIS) have announced on Monday that the Department of Homeland Security (DHS) Appropriation Act of 2010, signed by the President on October 28, 2009, has extended the following four programs through September 30, 2009:

• E-Verify;

• Immigrant Investor (EB-5) Pilot Program;

• Special immigrant visa category for non-minister religious workers;

• Date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the “Conrad 30″ program.

The readers may recall that in our latest December 2009 Visa Bulletin we have mentioned about EB-4 (Certain Religious Workers) and EB-5 (Investor Pilot Program) categories becoming current as a result of the enactment of DHS Appropriation Act of 2000 that extended these categories through September 30, 2009.

For complete information on USCIS’ acceptance, processing, and adjudication of applications, please click: USCIS Programs Extended Through September 2012

The U.S. Citizenship and Immigration Services (USCIS) have released a Q&A on 2009 Update to the Tuberculosis (TB) Screening Required for Adjustment of Status. The Department of Health and Human Services (HHS), Center for Disease Control and Prevention (CDC) had recently updated the TB Component of the Technical Instructions for the Medical Examination of Aliens in the United States. Anticipating the change, USCIS made necessary amendments to Form I-693, Report of Medical Examination and Vaccination Record.

The screening for TB is a part of medical examination. The civil surgeon screens the applicant for conditions that render an applicant inadmissible to the United States. These conditions include other communicable diseases of public health significance, as defined in the Department of Health and Human Services’ (HHS) regulations; mental and physical disorders with associated harmful behaviors; and drug abuse or drug addiction. The civil surgeon also assesses whether the individual has received vaccinations against vaccine preventable diseases, and administers appropriate vaccines, as required by HHS.

This update will be effective and applies to the completion of any medical assessment made on or after Nov. 1, 2009.

For full information, please click: USCIS’ 2009 Update on Tuberculosis for AOS

As a part of an elite group called Military Accessions Vital to the National Interest Recruitment Program (MAVNI) five soldiers from South Korea, India, and Nigeria were granted U.S. citizenship. The U.S. military immigration recruitment program began this year and helps immigrants obtain citizenship by joining the military. Until now, only 29 recruits in the entire country had been nationalized under MAVNI. The military services recruit certain soldiers whose skills are considered to be vital and certain experts in foreign languages and are allowed to enlist up to 1,000 legal non-immigrants to help the Army fill recruitment gaps.

For complete information please click: Special Army program grants 5 soldiers U.S. Citizenship

The registration period for the DV-2011 Diversity Visa Lottery program has been officially declared opened by the Department of State (DOS). Interested individuals may submit their entries for the DV-2011 Diversity Visa Lottery electronically between noon, Eastern Daylight Time (EDT) (GMT -4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT -5), Monday, November 30, 2009. DOS states that paper entries will not be accepted and applicants may access the electronic Diversity Visa entry form (E-DV) by visiting www.dvlottery.state.gov for registration purposes.

DOS has also stated that for DV-2011, natives of the following countries are not eligible to apply because these countries have sent a total of more than 50,000 immigrants to the United States in the previous five years:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. The DOS has further stated that no countries have been added or removed from the list of eligible countries. The list of eligible countries remains the same as for DV-2010.

For complete information, please click 2011 Diversity Visa Lottery Program Registration