New York Immigration Blog

Immigration waiting times have grown far longer in recent years, and the number of pending applications for U.S. citizenship submitted by green card holders in New York and around the country currently stands at almost 650,000. Many of these permanent residents are likely to be disappointed when they do hear from U.S. Citizenship and Immigration Services as about 78,000 applications for naturalization are denied each year.

Permanent residents at or over the age of 18 who have lived in the United States continuously for five years or longer can apply for naturalization. Some green card holders are denied U.S. citizenship because they are not able to communicate in English or fail a 100-question civics test. Others are denied naturalization because background investigations reveal that the applicant was convicted of a serious crime, has not paid income taxes in a timely manner, owes child support or provided false information to immigration services.

Some companies in New York may hire foreign students on an F-1 visa that allows them to work for a U.S. company for one to three years as part of what is called the Optional Training Program. Colleges, employers and students alike praise the program, but according to an investigation, some students were "hired" by fake companies that gave employment verification.

Students are only permitted to apply in a small period of time that is 90 days before their program ends and up to 60 days after. Employers say they appreciate the new cultural perspective provided by international students, and colleges say the program is important in helping them recruit students from abroad. However, two companies, Findream LLC and Sinocontech, LLC were found to be false. Run by a Chinese national who is now facing a prison sentence, it provided nearly 2,700 students with false paperwork. An official at the University of Kansas, which had seven students who said they found employment with Findream, said schools could not police it because the students acted in good faith and the paperwork was all in order.

Many foreign nationals enter New York with B non-immigrant visas. There are two different types of B visas used by people who aren't planning on moving to the United States permanently. The B-1 visa can be used by professionals visiting the country to temporarily participate in business activities. The B-2 visa can be used by tourists who plan to travel in the country for a short time or people who are visiting friends and family.

Business visitors using a B-1 visa must be going to the United States to participate in business activities related to their profession in a foreign country. They cannot be employed by a U.S. company in that foreign country. According to the Department of State's Foreign Affairs Manual, foreign nationals with a B-1 visa must maintain an unabandoned foreign residence, demonstrate strong ties to their home country, and must present specific and realistic plans for their visit.

Individuals who are looking to become permanent residents in the United States may need to provide evidence that they have a good moral character. The application process may include a court deposition or another statement given directly to an immigration official. If an individual looking to live in New York or any other state refuses to provide additional evidence, it may influence an immigration official's ruling. However, refusal to give a statement or submit to a court deposition in itself would not disqualify someone from obtaining legal residency.

Immigration officials are required to take a person's education and other factors into account when soliciting testimony. For instance, it may be necessary to ask simpler questions of someone who doesn't have a high level of education. Questions may also be rephrased if an individual doesn't have a good grasp of the English language. This is done to ensure that an applicant has a solid understanding of the proceeding that is taking place.