Special visa for survivors of crime – Visa especial para las víctimas de delitos

Immigration Relief for Immigrant Victims (English and español): 

Below is basic information about attaining a U visa. If you are interested in applying for a U visa with ILCM, please refer to our Immigration Help page and our eligibility and intake requirements.

U visa resources for survivors of violent crime who are seeking, have applied for, or currently have U visa status:

What is the U-visa?

The U visa is a special visa for the survivors of certain crimes, including crimes of domestic violence and sexual assault, among others. The person must be the survivor, or “indirect survivor” of the crime, cooperate with law enforcement in the investigation of the crime and show that they have suffered on account of the crime. Some of the survivor’s family members can be included in a U-visa application. Your attorney or representative will talk with you more about which family members can be included.

If your case is approved, immigration will grant you U nonimmigrant status for four years with the ability to work for those four years and the ability to apply for legal permanent residence after three years in U nonimmigrant status.

What is a waiver? Why do I need it? What does it require?

Immigration law defines many categories of people who are not eligible to receive visas. These include people who commit crimes, people who have been deported, or entered the country illegally, or who have stayed in the U.S. illegally for certain periods of time. It also includes have certain health related conditions, including mental health issues and drug or alcohol problems, and people who have committed immigration fraud (lied to immigration), or who have said they are U.S. citizens when they are not. These are just some examples.

Your attorney will review your case very carefully to see if any of these apply to your case. If any of these apply, you will need to file a waiver (form I-192), and prove that it is in the public interest for you to stay in the U.S. Your attorney or representative will give you more information on the waiver and will help you prepare it. It is very important to tell your attorney or representative the truth at all times. His/her role is to help you win your case. Remember all the information you tell your attorney or representative is confidential, until the case is filed with immigration. The information you tell him/her is used to figure out how to protect you and prepare the best possible case.

¿Qué es una Visa U?

La visa U es una visa especial para las víctimas de ciertos delitos que incluyen violencia doméstica y abuso sexual, entre otros. La persona deberá ser la víctima, o la “víctima indirecta” del delito, deberá cooperar con la policía en la investigación del delito y demostrar que ha sufrido debido a ello. Algunos de los miembros familiares de la víctima pueden ser incluidos en la aplicación de la visa U. Su abogado o representante le explicará más detalladamente cuales miembros de su familia pueden ser incluidos.

Si su caso es aprobado, la oficina de inmigración le concederá estatus de visa U por cuatro años con permiso de trabajo y usted tendrá el derecho de aplicar para la Residencia Permanente tres años después de la aprobación.

¿Qué es un waiver?¿Porqué lo necesito?¿Cuáles son los requisitos?

La ley Inmigratoria determina muchas categorías de personas que no califican para recibir visas. Estas categorías incluyen personas que hayan cometido un delito, personas que han sido deportadas o hayan ingresado al país ilegalmente o han permanecido en los Estados Unidos de manera ilegal por ciertos períodos de tiempo. También incluye a personas con ciertos problemas de salud, como problemas de salud mental, drogas y alcohol o personas que han cometido un fraude inmigratorio (que hayan mentido a la inmigración) o que hayan dicho ser ciudadanos Estadounidenses cuando no lo eran. Estos son sólo ejemplos.

Su abogado estudiará su caso muy cuidadosamente para ver si cualquiera de ellos se aplica a su caso. En el caso de que si se aplicaran a su caso, usted deberá enviar un “waiver” (o perdón) (formulario I-192) y comprobar que su estadía en los Estados Unidos es un beneficio para la sociedad. Su abogado o representante le proveerá de más información sobre el waiver y le ayudará a prepararlo. Es muy importante decirle a su abogado o representante la verdad en todo momento. Su trabajo es ayudarlo/a a ganar su caso. Recuerde que toda la información que usted le provea a su abogado o representante es confidencial hasta que el caso es enviado a la oficina de inmigración. La información que usted  provea será usada para protegerlo/a y preparar el mejor caso posible.

Know Your Rights

Know Your Rights Basics:

  • You have the right to remain silent. You do not have to speak to ICE or answer questions. You should state clearly that you have the right to remain silent, and are choosing to do so.
  • If you are approached by an ICE officer, you can ask if you can leave, and if they say no you can say to them that you choose to remain silent.
  • You do not have to show an ICE officer identity documents that say you are from another country. (Do not show false documents or lie to an officer).
  • If you are approached or detained by an ICE officer, you can say that you want to speak to an attorney. One will not be provided to you, but if you do not have an attorney you can ask for a free attorney list to call. You also have the right to ask to contact your consulate who can provide information about free attorneys. State as clearly as possible, “I want a lawyer.”
  • If an ICE officer comes to your home you do NOT have to open the door unless they have a proper warrant signed by a Judge. If they claim they have a warrant you can ask them to slide it under the door or put it up to the glass for you to review. If it is an immigration warrant, titled “Warrant of Removal/Deportation,” it does NOT give the officer the right to enter your home (you can ask them to leave). A search or arrest warrant does give an officer legal permission to enter your home, however, it still has to meet certain requirements to be valid. It MUST be signed by a Judge and have your correct name on it. The warrant may be signed by someone who is not a judge. Their title will be listed near the signature, and it must say Judge. If the warrant lists someone who does not live at the home you can tell that to ICE and you do NOT need to open the door. If there are others living in your home, even children, make sure they understand this.
  • If you are detained by ICE, you do not have to sign any documents they present to you. You can ask for a lawyer before signing any documents.

Resources:

For information about the rights that all of us have in the United States, regardless of one’s immigration status, click on the links and images below.

Click here to download Know Your Rights handouts from the American Immigration Lawyers Association.

Two videos show immigrant rights when ICE agents come to the home:

These videos and more, in multiple languages, are available on this ACLU page.

Additionally, to help ensure America’s commitment to justice for all, the American Bar Association’s Commission on Immigration has produced an updated version of “Know Your Rights,” an educational video for the more than 400,000 men and women held in immigration detention facilities across the country each year.

KnowYourRights-EnglishKnowYourRights-Spanish

 

 

Temporary Protected Status Project

Temporary Protected Status (TPS) is a temporary immigration status granted by the Secretary of the Department of Homeland Security (DHS) to individuals who are unable to return home safely due civil war, natural disaster, or other conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders cannot be deported from the United States and cannot be detained by DHS on the basis of their immigration status. TPS holders are eligible for an employment authorization document (EAD) and for travel authorization.

Click here for our general TPS fact sheet.

CLINIC created a fact sheet on general questions on TPS eligibility and the application process.

October 6, 2023 UPDATE – Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Cameroon for Temporary Protected Status (TPS) for 18 months, from December 8, 2023, through June 7, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to register as a new or current beneficiary for TPS under Cameroon’s extension and redesignation. Secretary Mayorkas made the decision to extend and redesignate TPS for this population in consultation with interagency partners and with careful consideration of conditions.

September 21, 2023 UPDATE – Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Afghanistan for Temporary Protected Status (TPS) for 18 months, from Nov. 21, 2023, to May 20, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Afghanistan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to register for TPS as a new or current beneficiary under Afghanistan’s extension and redesignation.

September 20, 2023 UPDATE – Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning.

The forthcoming Federal Register notice will explain eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

September 8, 2023 UPDATE – The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

The 18-month re-registration period under the designation of:

  • El Salvador now runs through March 9, 2025;
  • Haiti now runs through Aug. 3, 2024;
  • Honduras now runs through July 5, 2025;
  • Nepal now runs through June 24, 2025;
  • Nicaragua now runs through July 5, 2025; and
  • Sudan now runs through April 19, 2025.

This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries. 

September 5, 2023 UPDATEThe Department of Homeland Security announced the extension and redesignation of South Sudan for Temporary Protected Status (TPS) for 18 months, from Nov. 4, 2023, through May 3, 2025. DHS also posted a Federal Register notice for public inspection.

August 18, 2023 UPDATEOn Aug. 18, 2023, Secretary of Homeland Security Alejandro Mayorkas announced the extension and redesignation of Ukraine for TPS for 18 months. The extension of TPS for Ukraine allows current beneficiaries to retain TPS through April 19, 2025, if they meet eligibility requirements.

Existing beneficiaries of TPS for Ukraine seeking to avoid gaps in their employment authorization documentation may re-register during the 60-day re-registration period which runs from Aug. 21, 2023, through Oct. 20, 2023. The redesignation allows Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have continuously resided in the United States since Aug. 16, 2022, and have been continuously physically present in the United States since Oct. 20, 2023, to file initial applications for TPS, if they are otherwise eligible.

June 21, 2023 UPDATE – On June 21, 2023, DHS published Federal Register notices (FRNs) announcing the rescission of the 2017 and 2018 terminations of the Temporary Protected Status (TPS) designations of El SalvadorHondurasNepal, and Nicaragua effective June 9, 2023, and extend the TPS designations of:

  • El Salvador for 18 months, from Sept. 10, 2023, through March 9, 2025 (60-day re-registration period from July 12, 2023, through Sept. 10, 2023);
  • Honduras for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024);
  • Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025 (60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023); and
  • Nicaragua for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024).

June 13, 2023 UPDATE – Secretary of Homeland Security Alejandro N. Mayorkas announced his decision to rescind the 2017 and 2018 terminations of the Temporary Protected Status (TPS) designations of El Salvador, Honduras, Nepal and Nicaragua effective June 9, 2023, and extend the TPS designations of:

  • El Salvador for 18 months, from Sept. 10, 2023, through March 9, 2025 (60-day re-registration period from July 12, 2023, through Sept. 10, 2023);
  • Honduras for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024);
  • Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025 (60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023); and
  • Nicaragua for 18 months, from Jan. 6, 2024, through July 5, 2025 (60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024).

Existing TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration period for their country’s designation. Please do not re-register for TPS until the re-registration period for your country begins. USCIS cannot adjudicate your application before the effective date of the extension. For additional information, please see the news release: DHS Rescinds Prior Administration’s Termination of Temporary Protected Status Designations for El Salvador, Honduras, Nepal, and Nicaragua.

December 6, 2022 UPDATE: The Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for TPS for 18 months from February 4, 2023, through August 3, 2024. Those individuals who have already been residing in the United States as of November 6, 2022, will be eligible for TPS under Haiti’s redesignation. Haitians entering the United States after November 6, 2022, including those who might be considering entering now, are not eligible for TPS.

DHS will publish a Federal Register notice that will explain the procedures necessary for an individual to re-register under the extension or submit an initial registration application under the redesignation and to apply for an Employment Authorization Document. Individuals applying for TPS are instructed to wait for the publication of the Federal Register notice before filing an application for TPS. Those who have been continuously residing in the U.S. since November 6, 2022, and have a pending TPS application with DHS do not have to refile at this time.

Haitian Creole translation: Depatman Sekirite Enteryè (Department of Homeland Security, DHS) anonse jodi a ekstansyon ak redezinyasyon Ayiti pou Estati Pwoteksyon Tanporè (Temporary Protected Status, TPS) pou 18 mwa soti 4 Fevriye 2023 jiska 3 Out 2024. Moun ki gentan ap viv nan Etazini depi 6 Novanm 2022 ap elijib pou TPS nan kad redezinyason Ayiti. Ayisyen ki rantre Etazini apre 6 Novanm 2022, ak sila ki fenk rantre yo, pa elijib pou TPS.

Nou pral pibliye yon avi Rejis Federal ki pral eksplike pwosedi nesesè pou yon moun enskri ankò nan kad ekstansyon an oswa soumèt yon enskripsyon inisyal nan kad redezinyasyon epi mande yon Dokiman Otorizasyon Travay (Employment Authorization Document). Moun ki ap aplike pou TPS yo bezwen tann piblikasyon avi Rejis Federal (Federal Register) avan yo depoze yon aplikasyon pou TPS. Moun ki rezide Etazini depi 6 Novanm 2022 epi ki gen yon aplikasyon pou TPS annatant pa bezwen depoze yon lòt ankò nan moman sa.

November 10, 2022 UPDATE: DHS posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remains in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are auto-extended through June 30, 2024. 

September 26, 2022 UPDATE: The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months, from Nov. 26, 2022, through May 25, 2024, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning. In addition, DHS announced a redesignation of Burma for TPS for the same reason, allowing Burmese nationals (and individuals having no nationality who last habitually resided in Burma) residing in the United States as of Sept. 25, 2022, to be eligible for TPS.

September 7, 2022 UPDATE: The Department of Homeland Security (DHS) posted for public inspection a Federal Register notice describing how beneficiaries under Venezuela’s existing TPS designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs). Secretary of Homeland Security Alejandro N. Mayorkas previously announced the 18-month extension of the designation of Venezuela for TPS (July 11, 2022 UPDATE).

Only beneficiaries of the initial designation of Venezuela for TPS who were already residing in the United States in March 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements. Individuals re-registering must do so during the 60-day re-registration period from Sept. 8, 2022 to Nov. 7, 2022. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

July 29, 2022 UPDATE: DHS Announces extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months, through March 31, 2024. A Federal Register notice also provides automatic extension of certain Employment Authorization Documents (EADs) of existing beneficiaries of Syria TPS, through Sept. 30, 2023. 

July 11, 2022 UPDATE: DHS Announces Extension of Temporary Protected Status for Venezuela. The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

“The forthcoming Federal Register notice will provide instructions for re-registering for TPS and applying for the renewal of an Employment Authorization Document (EAD). Venezuelans who are currently eligible for TPS under the existing designation but may have not yet applied with U.S. Citizenship and Immigration Services (USCIS) should file their applications prior to the September 9, 2022, application deadline, including those Venezuelans who are covered under the January 2021 grant of Deferred Enforced Departure (DED). Venezuela’s DED is set to expire July 20, 2022.”

Beginning July 1, 2022, USCIS will issue a new travel authorization document to Temporary Protected Status (TPS) beneficiaries: Form I-512T, Authorization for Travel by a Noncitizen to the United States. We will no longer issue advance parole documents as evidence of our prior consent to a TPS beneficiary’s travel outside the United States.

If you are a TPS beneficiary with an existing, unexpired advance parole document, you may continue to use it for travel outside the United States through the period of validity printed on it.

If you are a TPS beneficiary applying for a new travel authorization document, you should continue to use Form I-131, Application for Travel Document. If you have a pending Form I-131, you do not need to file a new application.

USCIS will continue issuing advance parole documents to noncitizens with pending applications for TPS (Form I-821).

June 7, 2022 UPDATE: The Department of Homeland Security (DHS) posted today the Federal Register notices on Temporary Protected Status (TPS) for Cameroon. Cameroon is designated for Temporary Protected Status (TPS) for 18 months, effective June 7, 2022, through December 7, 2023. This designation allows Cameroonian nationals (and individuals having no nationality who last habitually resided in Cameroon) who have continuously resided in the United States since April 14, 2022, and who have been continuously physically present in the United States since June 7, 2022, to apply for TPS.

May 20, 2022 UPDATE: The Department of Homeland Security (DHS) posted today the Federal Register notices on Temporary Protected Status (TPS) for Afghanistan. Afghanistan is designated for Temporary Protected Status (TPS) for 18 months, effective May 20, 2022, through November 20, 2023. This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have continuously resided in the United States since March 15, 2022, and who have been continuously physically present in the United States since May 20, 2022 to apply for TPS.

April 18, 2022 UPDATE: The Department of Homeland Security (DHS) posted today two Federal Register notices on Temporary Protected Status (TPS) for Ukraine and Sudan. These notices provide information about how to register for TPS under each country’s designation. Secretary of Homeland Security Alejandro N. Mayorkas previously announced the 18-month designation of Ukraine for TPS and the 18-month designation of Sudan for TPS.
The registration process for both countries begins on April 19, 2022. All individuals who want to request TPS under the designation of Ukraine or Sudan must file an application.

On April 15, 2022 Homeland Security Secretary Alejandro Mayorkas granted immigrants from Cameroon temporary protection in the United States, allowing them to remain in the country for 18 months and apply for work permits.

Only Cameroonians living in the United States as of April 14 are eligible for temporary protected status (TPS), which typically benefits undocumented immigrants and those with visas that are set to expire.

April 8 Update: Certain EADs for TPS Syria Automatically Extended through Sept. 24, 2022

USCIS is issuing individual notices to certain TPS Syria beneficiaries whose applications to renew Form I 766, Employment Authorization Document (EAD), remain pending. These individual notices further extend the validity of their EADs until Sept. 24, 2022. Their current EADs bear an A12 or C19 category and an expiration date of March 31, 2021; Sept. 30, 2019; or March 31, 2018.

Find more details on the TPS Syria webpage and instructions for completing Form I‑9 on the I‑9 Central TPS page.

On March 21, 2022 the U.S. Citizenship and Immigration Services (USCIS) agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli — an illegally appointed Trump official. Because of this agreement, TPS beneficiaries impacted by this policy will be able to reopen and dismiss their removal orders and apply to adjust their status to become permanent residents — eliminating the threat of deportation if their TPS protections are revoked in the future. CLINIC press release.

On March 18, 2022, the U.S. Department of Homeland Security has automatically extended the validity of certain Employment Authorization Documents (EADs) with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Somalia through Sept. 12, 2022.

On March 16, 2022 DHS announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS.

On March 3, 2022 DHS announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 1, 2022, will be eligible for TPS.

On March 2, 2022 DHS announced a new 18-month designation of Sudan for Temporary Protected Status (TPS) that will become effective upon publication of an upcoming Federal Register Notice (FRN). DHS also announced the extension and redesignation of South Sudan for TPS for 18 months, effective May 3, 2022, through November 3, 2023. The Federal Register Notice providing further details is scheduled to be posted March, 3, 2022.

On September 10, 2021 DHS extended TPS for TPS holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. If they are in current TPS status, their TPS status and work permits are automatically extended to December 31, 2022. While they can apply for a new work permit, they are not required to.  Instead they can present their expired work permit and a copy of the Federal Register notice (dated 9/10/2021) as proof of their current status. The Federal Register notice with more details is available here.

On August 4, 2021 DHS extended the initial registration periods from 180 days to 18 months for applicants who do not currently have TPS under the TPS designations for Venezuela, Syria, and Burma. This extension to 18 months is the same time period of the TPS designation itself, allowing an individual to apply as an initial applicant any time during the 18-month designation periods for these three countries.

On August 3, 2021 Department of Homeland Security (DHS) posted the Federal Register notice on the “Designation of Haiti for Temporary Protected Status” for 18 months, effective August 3, 2021, through February 3, 2023.

On July 19, 2021 Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Somalia for Temporary Protected Status (TPS).  This extension and re-designation will be in effect from September 18, 2021, through March 17, 2023. A Federal Register notice explaining the procedures necessary to re-register or submit an initial registration application and apply for an EAD will be published soon.

On July 9, 2021 the Federal Register notice on the “Extension and Redesignation of Yemen for Temporary Protected Status” was published.

On July 6, 2021 Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Yemen for Temporary Protected Status (TPS). This extension and re-designation will be in effect from September 4, 2021, through March 3, 2023.

The re-designation of TPS for Yemen allows an estimated 480 additional Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 5, 2021, and have been continuously physically present in the United States since September 4, 2021, to file initial applications to obtain TPS, if they are otherwise eligible.

Current beneficiaries re-registering under the extension of TPS for Yemen should re-register in a timely manner during the 60-day registration period.

Under the re-designation of Yemen, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that will run from the publication date of the Federal Register notice, through the full length of the re-designation period ending March 3, 2023. Applicants are also eligible to apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization.

On March 12, 2021 Secretary of Homeland Security Alejandro N. Mayorkas announced the Temporary Protected Status (TPS) designation for Burma for 18 months. Once published, the Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation.

On January 29, 2021 Acting Secretary of Homeland Security David Pekoske extended the Temporary Protected Status (TPS) designation for Syria for 18 months through Sept. 30, 2022, and also re-designated Syria for TPS, effective March 31, 2021, through Sept. 30, 2022.

Countries Currently Designated for TPS

Select the country link for additional specific country information.

For a full and up-to-date list of countries currently qualifying an individual for TPS, please see the U.S. Citizenship and Immigration Services’ website

Immigration Scams

Source: USCIS

Many firms and people offer help with immigration services. Unfortunately, not all are authorized to do so. 

Don’t let notarios and scammers take advantage of you: This one-page resource highlights the common types of scams immigrants are exposed to when seeking assistance with their immigration matter. Share this document to help your community avoid these harmful practices.

Citizenship & Naturalization

Naturalization Interview and Test: Episode 1 – Preparing for the Naturalization Interview and Test
Source: USCIS YouTube

Other video resources on USCIS’s YouTube page:

Below are basic guidelines to attaining U.S. citizenship. If you are interested in receiving citizenship from ILCM, please refer to our eligibility and intake requirements.

The information below is all included in our Fact Sheet on Citizenship and Naturalization.

Eligibility Requirements for U.S. Citizenship

To be eligible for citizenship or naturalization, you must meet the following requirements:

  • You must be 18 years old or older.
  • You must have been a legal permanent resident (LPR or green card holder) for 5 years, or 3 years if you are married to a U.S. citizen.
    • If you served in the U.S. Armed Forces, you may be eligible even if you are not a legal permanent resident.
    • If you are a refugee, your 5 years begins on the date you entered the United States.
  • You must be physically present in the United States for at least half of the required residency period (3 or 5 years).
  • You must not have moved to another country or left the United States for more than 6 months at one time.
  • You must have good moral character.
  • You must take a test of U.S. history and government.
  • You must read, write, and speak basic English. There are a few exceptions:
    • To take the U.S. history and government test in your native language, you must be 55 years old and have been a legal permanent resident for at least 15 years, OR be 50 years of age and a legal permanent resident for at least 20 years.
    • To take a simplified version of the U.S. history and government test, you must be 65 years of age and have been a legal permanent resident for at least 20 years.
    • You can be exempted from some or all of the educational requirements if a doctor or psychologist adequately completes a form (N-648) for you indicating you have a condition(s) that makes it impossible for you to learn English and/or to take the U.S. history and government test.
  • You must swear loyalty to the United States in front of a judge.

Barriers to Becoming a US Citizen

See an immigration law attorney before applying for citizenship if any of the following is true.

  • You made trips out of the United States that lasted longer than 6 months.
  • You moved to another country since receiving your green card.
  • You are in deportation (removal) proceedings, or have been deported.
  • You have not filed you federal income taxes.
  • You have not provided financial support for your children.
  • You are a male and have not registered with the Selective Service.
  • You have been arrested, convicted, or have committed a crime.
  • You have ever been involved with drugs, prostitution, polygamy, firearms, domestic abuse, or child abuse.
  • You committed fraud to enter the United States or get your green card, or you were not eligible when you originally got your green card.
  • You lied or committed fraud to receive public benefits.
  • You falsely claimed to be a U.S. citizen.
  • You helped someone enter the United States illegally.

Advantages of U.S. Citizenship

  • You can file to bring family members, such as children, parents, and siblings to live in the United States.
  • The process of reuniting your spouse and children usually will be much faster if you are a citizen.
  • Becoming a U.S. citizen can help your children. Any of your unmarried LPR children living with you under 18 years old will automatically become citizens when you do.
  • You can vote in all elections.
  • You can be elected to public office.
  • You can live and travel outside of the United States without losing your citizenship.
  • Many federal jobs require you to be a U.S. citizen.
  • Traveling to some foreign countries may be easier for a citizen of the United States.

Disadvantages of U.S. Citizenship

  • You may lose your citizenship in your native country, unless your native country allows you to have dual citizenship (citizenship in 2 countries).
  • If you become a citizen, you may have difficulty maintaining ownership of property in another country.
  • You may lose your right to vote in your native country.

Deferred Action for Childhood Arrivals (DACA)

ILCM is not taking any initial DACA applications at this time. ILCM is still taking DACA renewal cases.

October 6, 2022: Yesterday evening, the 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision came in the context of a review of a July 2021 district court decision.  

Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program.

“My heart and that of the Immigrant Law Center of Minnesota (ILCM) goes to all of the DACA holders and DACA eligible youth across the country, particularly those here in Minnesota who are our neighbors, coworkers, and friends,” said ILCM executive director Veena Iyer. “But this is not the end. We will not give up. DACA is not enough. DACA has offered a lifeline to over 800,000 young people, but it is only a temporary and limited fix. Congress and the Biden administration must act to fulfill their promises and provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

Read ILCM’s FAQ fact sheet here: https://www.ilcm.org/latest-news/fifth-circuit-court-of-appeals-decision-on-daca-frequently-asked-questions/

August 24, 2022: The Biden administration announced a final version of the DACA rule that it initially proposed in 2021. The “new” rule codifies the 2012 Napolitano memo establishing DACA (Deferred Action for Childhood Arrivals), putting DACA into the Federal Register as an official regulation. It will take effect on October 31.

The entire 435-page rule is available here— https://www.federalregister.gov/public-inspection/2022-18401/deferred-action-for-childhood-arrivals —and is summarized in a much-shorter press release from the Department of Homeland Security here.

This new rule does not expand eligibility, or re-open DACA for first time applicants. Nor does it authorize processing applications from the nearly 80,000 young people who applied in 2021 and are awaiting a decision on their cases. This new rule does not impact the status of current DACA recipients. Immigrant youth who have aged into eligibility since 2017 and hundreds of thousands of other immigrants who were never able to apply remain locked out of the program.

“DACA is right and legal and it has helped hundreds of thousands of young people finish school, apply for a work permit, and be protected from detention and deportation,” said Jenny Stohl Powell, ILCM legal director. “Current DACA recipients should continue to file for renewal well in advance of the expiration of their DACA status. Everyone should beware of any social media or other messages offering to process applications under the new rule or reserve ‘a place in line.’ No new applications will be accepted because of pending litigation, and there is no line.”

July 28, 2021: USCIS updated its DACA Frequently Asked Questions on July 28, 2021. The new guidance clarifies how the agency will implement last week’s permanent injunction in the Texas v. U.S. case, including:

  • Initial DACA applications and associated applications for work authorization that were pending on or after July 16, 2021 will remain on hold in compliance with the court’s order. Because these applications will remain pending, USCIS will not refund filing fees.
  • Someone who was previously granted DACA but did not request renewal within one year of the expiration cannot apply for renewal.  Under the previous policy, someone in this situation could apply for DACA by submitting an initial application. After the Texas decision, USCIS is prohibited from approving these applications.
  • USCIS has cancelled all biometrics appointments for initial applications. Renewal applicants and applicants for advance parole should attend scheduled biometrics appointments.

July 16, 2021: Federal district court judge Andrew S. Hanen in Texas on Friday ruled DACA unlawful, throwing into question yet again the fate of Dreamers.

The judge said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive action in 2012.

But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.

ILCM is not taking any new initial DACA applications at this time. ILCM is still taking DACA renewal cases.

January 20, 2021: President Biden issued a memorandum directing the Secretary of Homeland Security, in consultation with the Attorney General, to take appropriate action to preserve and fortify DACA, consistent with applicable law.

December 9, 2020: DACA INITIAL APPLICATIONS. If you have not had DACA before, please call 651-641-1011 or 1-800-233-1368 for intake screening.  If you are eligible for our services, we will add you to our waiting list and send you a list of the DACA eligibility requirements and documents you need to file your application.  Our office will later contact you to schedule an appointment. Please consult this checklist for eligibility requirements for initial DACA applications. 

December 7, 2020: Effective December 7, 2020, US Citizenship and Immigration Services will accept new applications, as well as renewal requests, and extend the one-year grants of deferred action and employment authorization documents to two years. But DHS left the door open for an appeal.
“DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order,” the department said on its website.

December 4, 2020: U.S. District Judge Nicholas G. Garaufis in Brooklyn said he was fully restoring the eight-year-old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administration tried to end it in September 2017. He ordered the Department of Homeland Security (DHS) to post a public notice by Monday to accept first-time applications and ensure that work permits are valid for two years.”

ILCM is planning and putting things into place to be ready to file initial DACA applications, but we are holding off on placing cases with attorneys or filing until USCIS issues guidance on accepting those applications. We do not want to put people at risk by providing their information to USCIS until we have some assurance they will properly process their applications. We are hopeful we will be able to file DACA initial applications soon.

August 21, 2020: The Department of Homeland Security (DHS) issued memorandum, which says that no new DACA applications will be accepted, and that renewal applications will be rejected if they are filed more than 150 days before expiration of DACA status.

July 28, 2020: The Department of Homeland Security (DHS) issued a memorandum effectively re-rescinding the Deferred Action for Childhood Arrivals (DACA) program. The memo states that DHS will reject initial DACA applications and applications for advance parole, and will only renew DACA for one year increments.

To read ILCM’s press relase, “DHS Memorandum on DACA: Ethically, Morally, and Legally Wrong,” click here.

July 24, 2020: “A Maryland court ordered the administration to [immediately start processing new applications] and set a hearing Friday on the issue. If it fails to start accepting applications, the administration could be held in contempt, facing possible fines or other sanctions.

“‘From the Supreme Court down, the courts have made it clear: DACA stands, and now its doors are open to new Dreamers to apply,’ said California Attorney General Xavier Becerra, who led the multistate coalition at the Supreme Court on DACA.”

July 13, 2020: “Today, 25 days after the decision, the Supreme Court will certify its judgement in the case, and—under the law—the U.S. Department of Homeland Security (DHS) will have an unambiguous obligation to fully reinstate DACA. As a result, not only must the agency continue processing renewal applications by those who currently hold DACA, but it must also reopen the application process to more than 300,000 new applicants who are eligible under the terms of the program, including 55,500 of the youngest DACA-eligible individuals who have aged into eligibility over the past three years and will now be able to apply for the first time.”

Click here for “ELIGIBILITY REQUIREMENTS FOR INITIAL DACA APPLICATIONS (7.13.2020)”

June 18, 2020: In the decision regarding DACA, the Supreme Court ruled that the current administration improperly ended it! For more information:

As soon as more information is available, we will add information on:
  • DACA renewals
  • DACA initial applications
For information on Congressional action or lack of action on DACA, go to ILCM’s DACA Action Alert page.

June 8, 2020: DACA is now before the U.S. Supreme Court. The Court has heard oral arguments, and is expected to announce a decision by the end of June—though nothing is certain. As soon as a decision is announced, this page will be updated.

On September 5, 2017, Attorney General Jeff Sessions announced that the administration was rescinding Deferred Action for Childhood Arrivals, commonly known as DACA. The rescission was effective on March 5, 2018.

While the Attorney General’s announcement said that no renewals would be allowed after October 5, 2017, federal courts have reversed that order. As of March 18, federal court decisions allow  people who have DACA or who have had DACA in the past to apply for renewal.

Congress has not acted to extend DACA or to pass a Dream Act, but court decisions offer a window of safety for DACA renewals.

No new DACA applications are being accepted now. That could change, too. To keep up with the latest developments on DACA and other immigration issues, follow ILCM on Facebook and Twitter.

The original DACA program was established on June 15, 2012, when the Secretary of Homeland Security announced that certain people who came to the United States as children and met several guidelines could request consideration of deferred action for a period of two years, subject to renewal.