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Prepare for the N-470 and AIR USCIS Engagement of oct 26th

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Prepare for the N-470 and AIR USCIS Engagement of oct 26th

  1. 1. N-470, AIR and USCIS an Upcoming Public Engagement1USCIS is working on some matters pertaining to the N-470 and the AmericanInstitutes of Research (AIR) who may serve as employers for the LPRs filing suchforms and the designation of such AIRs.On September 22, 2010, USCIS sent an e-mail to stakeholders: Dear Stakeholder- The USCIS Office of Field Operations and Office of Public Engagement invite any interested parties to participate in a national stakeholder engagement relating to American Institutions of Research on Wednesday, October 26, 2011 at 1:00pm (EDT). During the call, USCIS would like your feedback on proposed changes to the American Institutions of Research (AIR) process. Currently the AIR is located in Title 8, Code of Federal Regulations at section 316.20. Additionally, the current list of recognized American Institutions of Research is available at www.uscis.gov/AIR However many of these listings are outdated causing USCIS customers difficulty in verifying their employment with an AIR organization. USCIS has several proposed changes to this process to keep the list updated and customers informed. The list of proposed changes will be posted on the USCIS website as an agenda item for this call. The current process for obtaining recognition as an American Institution of Research can be viewed on the USCIS public website: link USCIS recommends reviewing this information prior to your participation in the engagement. This information will familiarize you with the current process so you will be able to determine how the future changes in the process will impact you or your institution. To Participate in the Teleconference Please contact the Office of Public Engagement at public.engagement@dhs.gov and reference “AIR-Oct 26” in the subject line of your email. Please also include your full name and the organization you represent in the body of the email. To Join the Call On the day of the engagement, please use the information below to join the session by phone. We encourage participants to call in 10-15 minutes prior to the start of the teleconference. Number: 1-888-469-1762 Pass code: AIR Kind Regards, Office of Public Engagement U.S. Citizenship and Immigration Services1 Posted at: http://www.slideshare.net/BigJoe5/prepare-for-the-n470-and-air-uscis-engagement-of-oct-26th Page 1 of 5
  2. 2. In a related matter, USCIS published a 60 day comment request Notice (76 FR50237) on August 12, 2011 under OMB Control No. 1615-0056 relating to theForm N-470, Application to Preserve Residence for Naturalization. On September22, 2011, USCIS notified interested stakeholders via the above e-mail and postedto its website the intention to initiate proposed changes to the AmericanInstitutions of Research (AIR) recognition process. There is overlap between thesetwo activities.As of this writing (Oct. 2, 2011), any such contemplated changes to the AIRprocess have not yet been posted or published. The Public Engagement may be amethod whereby USCIS will seek input that would help to formulate a new AIRDesignation Process. If there ever was a formal process it may have been lost tohistory or require further research into old Federal Register Notices back at least to1967 and to various Executive Orders back at least to 1946. The following is somereadily available background material to aid in preparing for the AIR Engagementof October 26th.8 CFR § 316.20 American institutions of research, public internationalorganizations, and designations under the International Immunities Act.(a) American institutions of research. The following-listed organizations have beendetermined to be American Institutions of research recognized by the AttorneyGeneral: *****(b) Public international organizations of which the United States is a member bytreaty or statute. The following-listed organizations have been determined to bepublic international organizations of which the United States is a member by treatyor statute:  The North Atlantic Treaty Organization.  United Nations and all agencies and organizations which are a part thereof.(c) International Organizations Immunities Act designations. The following publicinternational organizations are entitled to enjoy the privileges, exemptions, andimmunities provided for in the International Organizations Immunities Act, and areconsidered as public international organizations of which the United States is amember by treaty or statute within the meaning of section 316(b) of the Act and aspublic international organizations in which the United States participates by treatyor statute within the meaning of section 319(b) of the Act: Page 2 of 5
  3. 3. *****INA § 316 [8 U.S.C. 1427] - REQUIERMENTS AS TO RESIDENCE, GOODMORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THECONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITEDSTATES(b) Absence from the United States of more than six months but less than one yearduring the period for which continuous residence is required for admission tocitizenship, immediately preceding the date of filing the application fornaturalization, or during the period between the date of filing the application andthe date of any hearing under section 336(a) , shall break the continuity of suchresidence, unless the applicant shall establish to the satisfaction of the AttorneyGeneral that he did not in fact abandon his residence in the United States duringsuch period.Absence from the United States for a continuous period of one year or more duringthe period for which continuous residence is required for admission to citizenship(whether preceding or subsequent to the filing of the application for naturalization)shall break the continuity of such residence except that in the case of a person whohas been physically present and residing in the United States after being lawfullyadmitted for permanent residence for an uninterrupted period of at least one yearand who thereafter, is employed by or under contract with the Government of theUnited States or an American institution of research recognized as such by theAttorney General, or is employed by an American firm or corporation engaged inwhole or in part in the development of foreign trade and commerce of the UnitedStates, or a subsidiary thereof more than 50 per centum of whose stock is ownedby an American firm or corporation, or is employed by a public internationalorganization of which the United States is a member by treaty or statute and bywhich the alien was not employed until after being lawfully admitted forpermanent residence, no period of absence from the United States shall break thecontinuity of residence if- (1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade Page 3 of 5
  4. 4. and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and (2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.The spouse and dependent unmarried sons and daughters who are members of thehousehold of a person who qualifies for the benefits of this subsection shall also beentitled to such benefits during the period for which they were residing abroad asdependent members of the household of the person.(c) The granting of the benefits of subsection (b) of this section shall not relieve theapplicant from the requirement of physical presence within the United States forthe period specified in subsection (a) of this section, except in the case of thosepersons who are employed by, or under contract with, the Government of theUnited States. In the case of a person employed by or under contract with CentralIntelligence Agency, the requirement in subsection (b) of an uninterrupted periodof at least one year of physical presence in the United States may be complied withby such person at any time prior to filing an application for naturalization.INA § 319 [8 U.S.C. § 1430] MARRIED PERSONS AND EMPLOYEES OFCERTAIN NONPROFIT ORGANIZATIONS(b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the Page 4 of 5
  5. 5. United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.(c) Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required. Page 5 of 5

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