U.S.C.I.S. Reverting to the 2008 Version of the Naturalization Civics Test

WASHINGTON— U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.  

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals. 

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

Summary of the April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

Summary of the April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

by  AILA and American Immigration Council

Authority: Immigration and Nationality Act sections 212(f) and 215(a) and 3 U.S.C. section 301

The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the entry of any individual seeking to enter the U.S. as an immigrant who:

● Is outside the United States on the effective date of the proclamation;

● Does not have a valid immigrant visa on the effective date; and

● Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

The following categories are exempted from the proclamation:

1. Lawful permanent residents (LPR)

 2. Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)

 3. Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant visa program

 4. Spouses of U.S. citizens

 5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa AILA Doc. No. 20042201. (Posted 4/23/20)

 6. Individuals who would further important U.S. law enforcement objectives (as

determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)

 7. Members of the U.S. Armed Forces and their spouses and children

 8. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)

 9. Individuals whose entry would be in the national interest (as determined by the

Secretaries of State and DHS, or their respective designees).

Discretion. It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories outlined above.

Nonimmigrant visa holders are not included in the proclamation. However, the proclamation requires that within 30 days of the effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, shall review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.

Asylum seekers are not included in the ban. The proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

Prioritized Removal. Individuals who circumvent the application of this proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.

Expiration. The proclamation expires 60 days from its effective date and may be continued as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.

Severability Clause. If any provision of the proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of the proclamation shall not be affected.

DOS Emergency Alert: Executive Order on Visas

As a result of the Executive Order on immigration, Department of State has temporarily stopped scheduling immigrant and nonimmigrant visa appointments as well as cancelled currently scheduled visa appointments, for those individuals who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

This Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country.  Embassies and Consulates around the world will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

Executive Order on Immigration

What an extraordinary 72 hours it has been in immigration law and enforcement.  

ACLU led attorneys filed actions across the country to halt the Executive Order issued on January 27, 2017. Resulting in a federal judge in the Eastern District of New York issuing the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the Executive Order. The next came a decision out of a federal court in Massachusetts - it barred federal officials from detaining or removing individuals subject to the Executive Order.  In a case filed in Virginia, the court ordered federal officials to provide lawyers access to "all legal permanent residents being detained at Dulles International Airport" and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.

The Department of Homeland Security put out a statement early today stating only that the agency "will comply with judicial orders."

A copy of the Executive Order is provided in the link below.  

More than 800 immigrants accidentally granted U.S. citizenship

The U.S. government has mistakenly granted citizenship to at least 858 immigrants from countries of concern to national security or with high rates of immigration fraud who had pending deportation orders, according to an internal Homeland Security audit released Monday.