New Biden admin immigration directive on naturalization

[Demise 1,354]

3 hours ago, millefleur said:

Completely agree. The fact that the official USCIS processing times for AOS and ROC is up to 35 months is just off the charts insane. I don't get how they can see that number and think it's acceptable. I was always under the impression that naturalization was lower priority than AOS and ROC, but it seems a lot of N-400's get processed faster in many cases.

Honestly they should just make you an LPR as of the date that you filed I-485 or DS-260 once it finally gets approved, which will basically count the time the application was pending towards the naturalization requirement.

 

Of course it might lead to a pretty weird situation where you get your green card and are immediately eligible to file I-751 and/or N-400, but why should you - the applicant be de facto penalized for USCIS or DOS being slow?

[Cyberfx1024 7,980]

3 hours ago, EternalForeigner said:

What I mentioned is the result of research done by professionals, so I don't know if your limited anecdotal experience reflects an accurate picture. 😅

What study?

[Dashinka 24,889]

5 hours ago, EternalForeigner said:

What I mentioned is the result of research done by professionals, so I don't know if your limited anecdotal experience reflects an accurate picture. 😅

Who really cares how people might vote.  If the Biden Administration is only doing this for political reasons, then it is not the right reason.

[EternalForeigner 58]

6 minutes ago, Dashinka said:

Who really cares how people might vote.  If the Biden Administration is only doing this for political reasons, then it is not the right reason.

I think any political benefits are residual because regardless of anything, making things easier for immigrants is the moral thing to do. Meanwhile what the GOP did in curbing immigration (and other measures that included bans and family separation) under false pretenses and fake/misleading information is decidedly immoral.

[HRQX 4,145]

2 hours ago, Demise said:

Of course it might lead to a pretty weird situation where you get your green card and are immediately eligible to file I-751 and/or N-400

For certain applicants there is a "rollback" date: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Quote

For certain classifications, however, the effective date of becoming an LPR may be a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example:

• An alien admitted under the Cuban Adjustment Act (CAA) is generally an LPR as of the date of the alien’s last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later.^[11]

• A refugee is generally considered an LPR as of the date of entry into the United States.^[12]

• An asylee is generally considered an LPR 1 year before the date USCIS approves the adjustment application.^[13]

• A parolee granted adjustment of status under the Lautenberg Amendment is considered an LPR as of the date of inspection and parole into the United States.^[14]

• A principal applicant granted adjustment of status based on the Liberian Refugee Immigration Fairness (LRIF) provision of the Fiscal Year 2020 National Defense Authorization Act is an LPR as of the date of his or her earliest arrival into the United States or as of November 20, 2014 (if the principal applicant cannot establish residence earlier). An eligible family member granted adjustment of status under LRIF is an LPR as of the date of his or her earliest arrival in the United States or the receipt date of his or her adjustment application (if the eligible family member cannot establish residence earlier).^[15]

 

[EternalForeigner 58]

2 hours ago, Cyberfx1024 said:

What study?

https://www.nber.org/papers/w21941

(Bolding mine):

Quote

We empirically analyze the impact of immigration to the U.S. on the share of votes to the Republicans and Democrats between 1994 and 2012. Our analysis is based on variation across states and years – using data from the Current Population Survey merged with election data – and addresses the endogeneity of immigrant flows using a novel set of instruments. On average across election types, immigration to the U.S. has a significant and negative impact on the Republican vote share, consistent with the typical view of political analysts in the U.S. This average effect – which is driven by elections in the House – works through two main channels. The impact of immigration on Republican votes in the House is negative when the share of naturalized migrants in the voting population increases. Yet, it can be positive when the share of non-citizen migrants out of the population goes up and the size of migration makes it a salient policy issue in voters' minds. These results are consistent with naturalized migrants being less likely to vote for the Republican party than native voters and with native voters' political preferences moving towards the Republican party because of high immigration of non-citizens. This second effect, however, is significant only for very high levels of immigrant presence.

https://cis.org/sites/cis.org/files/articles/2010/republican-demise.pdf

 

https://www.pewresearch.org/hispanic/2020/02/26/naturalized-citizens-make-up-record-one-in-ten-u-s-eligible-voters-in-2020/

1. Quote

   It’s important to note that not all immigrant voters are democrats. For example, among Hispanic immigrants who are eligible to vote, 53% identify with or lean towards the Democratic Party, while 39% say the same about the Republican Party, according to a December survey of Hispanic adults by Pew Research Center. Recent data on party affiliation patterns among other immigrant groups is not readily available, since few surveys include representative samples of immigrants. In 2012, the Center’s survey of Asian Americans found 50% of Asian registered voters identified with or leaned toward the Democratic Party, 28% said they were Republican and 22% said they do not lean to either party. ↩

 

 

 

[millefleur 5,047]

3 hours ago, Demise said:

Of course it might lead to a pretty weird situation where you get your green card and are immediately eligible to file I-751 and/or N-400, but why should you - the applicant be de facto penalized for USCIS or DOS being slow?

Many people here would love to see ROC abolished altogether. If any of the immigration steps seem superfluous, it's that one. The 2 year mark seems arbitrary, and a lot of scammers will gladly wait out the 2 years and ROC period to get their 10 year GC. We've seen it happen time and time again here on VJ, as soon as they're done with ROC, they're gone.

 

If they file under the 3 year rule for the N-400, the marriage/relationship element will get evaluated again anyway.

[Mollie09 1,543]

16 minutes ago, millefleur said:

Many people here would love to see ROC abolished altogether. If any of the immigration steps seem superfluous, it's that one. The 2 year mark seems arbitrary, and a lot of scammers will gladly wait out the 2 years and ROC period to get their 10 year GC. We've seen it happen time and time again here on VJ, as soon as they're done with ROC, they're gone.

 

If they file under the 3 year rule for the N-400, the marriage/relationship element will get evaluated again anyway.

And some people (like yours truly) get divorced before the 2 years and get approved anyways.

[Diane and Chris 651]

5 hours ago, Mollie09 said:

And some people (like yours truly) get divorced before the 2 years and get approved anyways.

But the real test is, did you vote Democrat or Republican?  😂 You must have given the right answer!  😉 

[Dashinka 24,889]

18 hours ago, millefleur said:

Many people here would love to see ROC abolished altogether. If any of the immigration steps seem superfluous, it's that one. The 2 year mark seems arbitrary, and a lot of scammers will gladly wait out the 2 years and ROC period to get their 10 year GC. We've seen it happen time and time again here on VJ, as soon as they're done with ROC, they're gone.

 

If they file under the 3 year rule for the N-400, the marriage/relationship element will get evaluated again anyway.

Yes, the ROC is a complete waste of time.  I really don't see it doing anything to root out immigration scammers, and just adds a whole lot of extra work for the immigrant as well as USCIS.

[EternalForeigner 58]

They haven't said anything explicitly about ROC or AOS but I wouldn't be surprised if they review those as well. I only posted the naturalization part since this is the naturalization subforum. 

[millefleur 5,047]

2 minutes ago, EternalForeigner said:

They haven't said anything explicitly about ROC or AOS but I wouldn't be surprised if they review those as well. I only posted the naturalization part since this is the naturalization subforum. 

I hope that ROC gets reviewed as a "barrier" to naturalization. If someone has an ROC case that's been pending for over 1 year or more and then they submit the N-400, I feel that should count.

[Dal816 3]

Biden is trying to act as though he's making major positive immigration changes because it's a popular topic among Dreamers. But all this is his Administration looking for proposals & does nothing to change policy or procedure. Biden has had 50 years to impact immigration. As VP the Obama administration had record deportations. With the caravan coming I don't think Biden will change much. He will "try" through executive orders relying on legal challenges to stahl them so he has an "awe shucks, I tried" fallback. But he knows with a looming inevitable recession the last thing he needs is hundreds of thousands of unemployable immigrants.