USCIS outlines which Naturalization History/Government exam must be taken

With many Naturalization applicants confused about whether they must take the current History/Government Exam or the newer, more challenging one, the USCIS website explains the following:

• If an applicant applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview BEFORE October 1, 2008, he or she will take the current test.
• If an applicant applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview AFTER October 1, 2008, he or she can choose to take the current test or the redesigned version.
• If an applicant applies AFTER October 1, 2008, he or she must take the redesigned version.
• If an applicant is scheduled for his or her naturalization interview AFTER October 1, 2009, regardless of when he or she applied, he or she must take the redesigned version.

USCIS examiners will select ten questions and the applicant must answer 60% correctly in order to pass. If the applicant fails the test, he or she is entitled to retake the test at a later time. However, if the applicant fails the test a second time, he or she must reapply for naturalization and pay the N-400 filing fees again.

The USCIS asserts that in the test group, the passing scores were higher on the new test than on the old one, and that the new test measures understanding of our system of government rather than simple memorization.

IMMIGRATION Q&A

Question: I hope you can help me. I have been living in the country for almost 14 years. My mom who was a resident filed an I-130 for me in 1998, but she died in 2000. Then, my sister filed an I-130 for me in 2003 and that’s how I got my most recent Driver’s License. The problem is that my driver’s license expires next month (November 2007) and when I went last week to the Dept. of Motor Vehicles to get it renewed, they told me that I was unable to obtain a renewed drivers license because the immigration document I presented to them ( I130 - my sister, a citizen, filed for me) is dated 2003, which meant it was too old for them to use, and current laws only allow them to accept documents that's no older than 2 years old. I told them that my I-130 case is still pending, but they said there was nothing that they could do.

I know that it takes up to 12 years or so for someone in my category (sister/brother) to be able to immigrate, but is there any way at all that you could help me to get a currently dated notice of action on this I-130 case so I could get my license renewed or whichever other documentation to present so I can get this License?

Answer: I believe the new DMV policy allows I-130 and I-140 receipts which are three years old, instead of two. But even so, your receipt is apparently from 2003, so it is about four years old. Unfortunately, Driver’s Licenses can no longer be renewed using an I-130 older than 3 yrs, and can no longer be renewed using I-765 or I-131 receipts. It is a big misconception that once an I-130 is filed for a foreign national in the U.S., that it gives legal status. It does not. Until the priority date becomes current, the I-130 receipt is only good for a one-time Driver’s License, nothing more. No Social Security number, no work permit – NOTHING! In the category your visa is in, 4th Preference, there are currently visas available for those with priority dates in 1997. Your priority date is 2003. That means that if no new legalization law is passed (like some kind of amnesty) you will have to wait at least six more years. If you have a resident or citizen father or citizen sibling, another I-130 can be filed on your behalf and you can use the receipt to extend your license. Or, if you are single, you can obtain US residency by marriage to a U.S. citizen, but it MUST be a real marriage. Contrary to what you may have heard, fake marriages rarely make it through the current rigorous immigration process and can lead to deportation. I wish I could give you a more positive response, but until a new law is passed, this is the current state of immigration affairs. Good luck!

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understood that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call The American Immigration Lawyer’s Association's Lawyer Referral Service at:1-800-954-0254.