Requests for waiver of citizenship criteria

[bigdawg]

Gentlemen,

I need to send a "Requests for waiver of citizenship criteria" letter up the chain for two cadets.  I have searched everywhere but have not find a template or a letter that I can use as a sample.  Is there anyone out there that would like to share a sample letter so I can process these two membership applications.

Thank you,

Ken

[SarDragon]

If they have Green Cards, just send in a copy with their membership application. That's all I had to send in for the last foreign national I signed up.

[lordmonar]

1.  The following perspective cadet requires a citzenship waiver.

2.  Name
     Citeizenship
     Type of Visa: (student, work, permanat residient, etc)
     Alien Registration Number:
   
3.  I have verfied the required document.

4.  If you have any questions contact me at  (phone number) or (E-mail).

Signature block.

Send it attached to the membership form.

That is more or less what I did when my wife joined (Japanese citizen).

[JeffDG]

If they have Green Cards, just send in a copy with their membership application. That's all I had to send in for the last foreign national I signed up.

Green Card holders don't need a waiver, they just need to submit a copy of their I-551 (the technical term for the card).

If the person is in a "temporary" status, then they'll need a copy of their passport and I-94 for sure, and a fairly simple request.  Odds are, someone in a non-permanent status will not have an "Alien Registration Number", or A#.  Those are typically assigned as part of the LPR process.

When I joined, I was an L-1, now I'm a permanent resident so the waiver is no longer necessary.

[Dad2-4]

A few years back I was starting an in-school flight and had a few kids with green cards. If that's the case make a copy and send it with the application.
I had to raise my eyebrows and have a quiet personal counseling session as to why he couldn't join when one very motivated kid confided in me that his his family was in the US illegally.

[JeffDG]

Oh...

One other thing with children of people in temporary statuses.  Most of them will not have (and are not eligible for) Social Security numbers...you need to be in a work-authorized status for that.  Also applies to spouses of people in the US in most statuses (like H1B for example...the spouse has an H4 status, and is not permitted to work).

Just to summarize:

Green Card:  I-551 - No waiver required, check the box on the form that says not US citizen, attach a copy of the I-551.  A note, the I-551 will likely have an expiration date.  That's for the card, not the legal status.  Green Card holders can stay in the US indefinitely.

Other Status:  F1 (student visa) should have an I-20 (I think) indicating the status.
                        Others (L1, L2, H1, H4, TN1, etc) should have an I-94 in their passport.

Copy the passport, and send that, along with a request for a waiver (waiver approved at NHQ) up the chain of command.  There's no form for it, just a simple request.  Note the expiration of status, it is different than the I-551, it's an expiration of the status, and in many cases, it's a hard-and-fast deadline (L1 for example is a max of 5 or 7 years depending on subtype)

[bigdawg]

Very interesting gentlemen,

So all I have from the cadet is the following:

1. its father's I-797 Notice of Action approving an "Immigrant Petition for Alien Worker"
2. midle school ID

So am I right to say that he does not have enough documentation for a Citizenship waiver? Also, is it right for me to think that there must be another document stating that there is a process in the works to define status of this young man?

[Майор Хаткевич]

I came to the US on a green card. The kid should have a passport and he should have SOME sort of visa. Not unheard of people coming to vacation here and sticking around however. Dad may be legal, but the kid may not be. Typically you don't bring your kid with you on a work visa.

[Eclipse]

It doesn't look like either of them are, or at least can document, here permanently enough (yet) to be able to join.

[JeffDG]

Very interesting gentlemen,

So all I have from the cadet is the following:

1. its father's I-797 Notice of Action approving an "Immigrant Petition for Alien Worker"
2. midle school ID

So am I right to say that he does not have enough documentation for a Citizenship waiver? Also, is it right for me to think that there must be another document stating that there is a process in the works to define status of this young man?

OK...

That seems like that I-797 is for his father's I-140, right?  If so, that's not sufficient.  An approved I-140 does not confer upon the beneficiary any right to remain in the United States.

Now, if the cadet has an I-797 showing receipt of an I-485 Application to Adjust Status, that's a different matter.  A timely filed I-485 permits the beneficiary (in this case the dependent has their own) to remain in the United States until such time as the I-485 is ajudicated by USCIS, which can actually take years...they can also file for an Employment Authorization Document to permit work, but that's not directly relevant.

What status is the cadet's father in?  H1B, L1, TN-1, other?  The cadet's passport should have an I-94 with some kind of derivative status from his/her father.  If the father is in H1B, the cadet will have H4 status.  L1 will be an L2, TN1 will be a TD1.  The I-94 is a little card that is stapled into the passport itself.  If it was issued at the border, it will be a white card with a stamp on it.  If it was issued directly by USCIS (like a renewal), it will be a greenish watermark paper, but won't have a stamp most likely.

[JeffDG]

I came to the US on a green card. The kid should have a passport and he should have SOME sort of visa. Not unheard of people coming to vacation here and sticking around however. Dad may be legal, but the kid may not be. Typically you don't bring your kid with you on a work visa.

Almost all work visas provide a derivative status for dependents and spouses.  If on an H1B, they are entitled to an H4.  L1/L2 are the same, as are TN1/TD1.

I came to the US on an L1, and my wife and daughter came with me on L2.  My wife was even entitled to work in L2 status (which is unusual for derivative status to confer employment authorization...but L2 does so).

[Майор Хаткевич]

Typically to get a work visa you need to prove ties to your homeland, "guaranteeing" you will self deport when the visa runs out. That's my E.Europe experience.

[JeffDG]

Typically to get a work visa you need to prove ties to your homeland, "guaranteeing" you will self deport when the visa runs out. That's my E.Europe experience.

Typically, that's correct.

However H1B and L1 are "dual intent" visas, which means that you can maintain those statuses even if you intend to apply for permanent residency.  Most other (there may be one or two other exceptions) forfeit your temporary status the moment you apply for permanent residency.

[bigdawg]

Gentlemen,

This is great information! I can definitely work on this now.

Thank all of you for your guidance. 

Ken

[Майор Хаткевич]

You learn something new everyday. The very little experience I've had working with these things lately include green card apps for the most part.

[JeffDG]

You learn something new everyday. The very little experience I've had working with these things lately include green card apps for the most part.

4 of the last 5 years slogging through the morass that is USCIS...GC received April of last year.  1,290 days until I'm eligible to naturalize.

[Майор Хаткевич]

You learn something new everyday. The very little experience I've had working with these things lately include green card apps for the most part.

4 of the last 5 years slogging through the morass that is USCIS...GC received April of last year.  1,290 days until I'm eligible to naturalize.

GC in Dec 2001. Not able to apply until Feb 2008 (turning 18). Why? Can't swear allegiance until then (but enlistment oath at 17 is fine).

Finally spent the $600+ for the privilege of becoming a citizen and was sworn in with my mom on 5 May 2010.

[JeffDG]

GC in Dec 2001. Not able to apply until Feb 2008 (turning 18). Why? Can't swear allegiance until then (but enlistment oath at 17 is fine).

Finally spent the $600+ for the privilege of becoming a citizen and was sworn in with my mom on 5 May 2010.

Only substantive difference for me, CAP-wise, is I can't sign up for CD qualification.  Which is fine, as my wing doesn't have an active CD program at the moment...at least not that anyone can talk to me about!

[jimmydeanno]

Awesome, more regulatory stuff that our local leaders need to be able to navigate through.  I don't think the majority of our leadership has the regulatory knowledge to be able to navigate through immigration laws.

[JeffDG]

Awesome, more regulatory stuff that our local leaders need to be able to navigate through.  I don't think the majority of our leadership has the regulatory knowledge to be able to navigate through immigration laws.

Actually, the rule for local folks is pretty simple:

Citizen:  OK
Green Card:  OK
Everyone Else:  Waiver

National will kick back a submission and tell you what they need for a waiver.  I'm just saying from experience, they will want to see an I-94 and a passport.

[Майор Хаткевич]

NHQ is a phone call/ email away.

[Eclipse]

NHQ is a phone call/ email away.

Standard messaging rates may apply.

[a2capt]

NHQ is a phone call/ email away.

Standard messaging rates may apply.

Actual Mileage May Vary.

[Майор Хаткевич]

I had a question I couldn't find an answer for, reached someone at NHQ, and he fired up the reg while on the phone and found what I needed. Great service.

[Airman De Ruiter]

Is there a strict set of guidelines by which waivers of this nature are granted or is it on a case-by-case basis?

[Pylon]

Does it matter what NHQ's guidelines are?  Apply for it.  Either you'll be approved or you'll be declined and they'll probably explain why.

[Airman De Ruiter]

Makes sense. How do I do this? Just talk to my commander about it?

[SarDragon]

That's what we told you in the other, now locked, thread. You'll need a Form 15, and copies of whatever identity paperwork you have.

[Airman De Ruiter]

All right, thanks.

[Critical AOA]

Airman De Ruiter

Based upon your situation as described in your other post, if you are not in possession of any document that proves your legal status, you most likely are not eligible to receive a waiver in the first place.   

I wrote a rather long response to your other post but before I could post it, the thread was locked.  I will post only a small portion of it here at the risk of the scorn of the moderators.

** Disclaimer: Nothing that follows constitutes legal advice and should not be interpreted as such.**

Are you familiar with the Child Citizenship Act of 2000?  If not you might want to be.  It could provide you some guidance. 

www.uscis.gov/files/pressrelease/CCA_102504.pdf

http://travel.state.gov/visa/immigrants/types/types_1312.html

By the way, if you do have a competent adult in your life, the processes to change status and gain citizenship for those who are here legally and qualify are not difficult.  I have gone through the entire process for my Chinese wife who was born in the PRC but was here on a student visa when we met.  She is now a US Citizen.

It is just a matter of educating yourself by reading the official US Government published material, filling out some very long forms, attaching the supporting documentation and of course writing a check.  As your future in this country is most likely very dependent on the outcome of this process, the time and money will be well spent.  Yes, it might cost some money but at this stage in your life I would suggest that your money would be better spent there than in CAP or any other activities that might interest you. 

[a2capt]

FWIW, take that kid's comments with a grain of salt. Reading the replies, there's several pieces of conflicting information, and the motivation suggested by the posts is skeptical at best.  Perhaps unit commanders, or other staff in the NV units should be directed to the content so that they can see what they are potentially dealing with.

Leave it at that, so that another thread doesn't have to get locked, that may be actually useful to others who need it's intended advice.

[JeffDG]

I hope I don't get in trouble for bringing up something that is from a locked thread, but I have a rather good working knowledge of US immigration and naturalization law, and wanted to make a few things perfectly clear:

1.  A minor child cannot come to the US without some kind of status (at least legally).  Generally speaking, almost all temporary statuses have a "derivative" status for dependents.  I came to the US as an L1 Intracompany Transfer, my wife and daughter received L2 status as derivatives of that.

2.  A minor child (under 18) who has a parent (either) who becomes a US Citizen will become a US Citizen automatically if that child resides in the United States as a Lawful Permanent Resident (Green Card).

3.  Such a child has 2 options for proving citizenship:  1)  A certificate of citizenship from USCIS (about $600), or applying (with appropriate evidence of #2 above) for a US Passport.  There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

[The CyBorg is destroyed]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

Living as relatively close to the border area as I do, I have met a lot of US/Canadian dual nationals.  Most were born in one country but had one or both parents born in the other.

My niece was born on a US military installation in Augsburg, (West) Germany.  She's never considered herself anything but a US citizen but I think she has birth certificates from both the US and Bundesrepublik Deutschland.

[RogueLeader]

My niece was born on a US military installation in Augsburg, (West) Germany.  She's never considered herself anything but a US citizen but I think she has birth certificates from both the US and Bundesrepublik Deutschland.

My Sister-in-law was born in Germany too.  She had to choose which citizenship she wanted at 18 though.  She chose American. 

[Майор Хаткевич]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

To get my passport I need to prove my citizenship.

[JeffDG]

There is no requirement in the law that requires a certificate of citizenship whatsoever to receive a passport, and a properly issued US Passport is considered, legally, to be conclusive evidence of US Citizenship.

Which is why I asked him if he had a US Passport.  That is the most iron-clad form of proof of citizenship one can have.  I also have a NEXUS card, which is almost as good.

To get my passport I need to prove my citizenship.

That's true, but there is not a need for the $600 "Certificate of Citizenship" from USCIS to accomplish that.

[Eclipse]

How's he going to prove his status, whatever that may be?

[Майор Хаткевич]

The cert IS the document. I'm just not sure you need the whole process as a child of a citizen.

[Eclipse]

The cert IS the document. I'm just not sure you need the whole process as a child of a citizen.

Random kid walks into Immigration Office.

"I need proof of my status to join Civil Air Patrol and get an SSN..." (And frankly the latter should be a much higher concern.

"Great, we'll need to see your parents' proof of their status..."

"um..."

I also still find it very difficult to believe that AFJROTC, the Sea Cadets, and for that matter the school he's attending haven't already required this.

There is far more here then meets the forum.

[Pylon]

Aaaaand we're back on the topic of the OP and his citizenship and off the topic of the waiver.  Epic trolling, apparently.  This thread is locked, unless someone has something to add about waivers for citizenship from NHQ, then PM me and I'll unlock.