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      8 Jul 2011

      Proof of Lawful Presence in U.S. Required From Driver's License Applicants

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       If you cannot prove you are in the U.S. legally, you will not be able to renew your Texas Driver's License.

      On June 28, 2011, a law relating to requirements for obtaining or renewing a Texas Driver's License was approved by the Texas Legislature.

      This law is a further clarification of a 2008 law, and policies and procedures that the Texas DPS has been using since the 2008 law.

      Those applicants who are U.S. citizens and already have their social security numbers on file with the DPS will probably not be affected by these changes. 

      Non-citizens, such as temporary visitors, will need to show that they are here legally.  This means that their visas have not expired. For instance if someone came in to the U.S. legally and can prove this, but has overstayed and is on an expired visa, they would be denied.

      The law could be a problem for those who are here legally, but can't prove it.  For instance, persons born in the U.S. but delivered by a midwife, or those in specific situations that require clerks to view documents and interpret immigration law.  

      There is also a concern that this new law may result in more people driving without a current license and without liability insurance.

       

       

       

       

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      30 Jul 2010

      Documents that Prove U.S. Citizenship: Kalish Law Blog

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      There are 5 documents that can serve as proof of your citizenship

       

      1. Your birth certificate.  If you were born in the United States, and have a properly filed and certified birth certificate, that is proof that you are a citizen. You may also have been born in another country to U.S. parents, who registered your birth with the U.S. Embassy, and then you will have a birth certificate issued by the U.S. Department of state, rather than a state government.
      2. Your U.S. Passport
      3. Certificate of Citizenship, if you were born outside the United States or received your citizenship through a U.S. citizen parent (including adoptees)
      4. Your naturalization certificate

       

      If you were born outside the United States to a U.S. citizen parent, or adopted as a child by a U.S. citizen parent after your birth, you may find yourself in a situation where you don’t know if you are a citizen. You should know that you are not alone!  You may also know that you are a citizen but lack proof.  There are many people who are in this situation as well.

       

      Because the immigration laws have changed over the years, it is important to have exact dates and places of events in order to analyze the citizenship claim.  For instance, a person born in Canada to U.S. parents in 1955 has a completely different situation from a person adopted by U.S. parents from Russia in 2002.   Another situation exists for a person who is born at the U.S. side of the border with Mexico to a midwife in 1977.  Different laws apply to each, and in each case there are different ways to prove their U.S. citizenship.

       

      If you are not sure whether or not you are a citizen, or you know that you are a citizen but you don’t have proof, there is help available to you.   Both USCIS and the U.S. Department of State have websites with information to help you. 

       

      Some cases will require the assistance of an immigration lawyer in researching the law and applying for the proper documentation. 

      Without proper documentation of U.S. citizenship, it is difficult to attend college, apply for certain loans and programs and travel freely.


      You only need to think about the current situation in the state of Arizona to understand why it is so important to be able to prove your citizenship on a moment’s notice.

       

       

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      20 Jul 2010

      106-year old Woman Becomes U.S. Citizen

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      The news today carried a story of a 106-year-old Chicago woman who became a U.S. Citizen.   Ignacia Moya has realized her dream of citizenship after 40 years in the United States, and says that she looks forward to voting in November! http://bit.ly/dp1dLZ 

      Ms. Moya has been in the U.S. for 40 years, and loves this country.  She had studied for her naturalization exam and tried to learn English, but it was too difficult for her because she has problems with her sight and hearing.  She applied for, and was granted a medical waiver.

      If you have been in the United States legally, are a green card holder, but haven't taken the exam because of problems learning English or problems studying due to age or a disability, you should know the following facts:

      1.  In order to obtain an exemption from both the English language requirement AND from the civics test you must be unable to learn the language or take the civics test due to a medical condition or disability.  A medical certification from a qualified health care provider is needed and form M-648 must be filed with USCIS.

      2.   In order to get an exemption from the English language requirement ONLY, you must meet one of the following situations:

       

      A.                You are age 50 or older at the time of filing for naturalization and have lived as a permanent resided for 20 years or more OR

      B.                 You are age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years.

      You will still have to take the civics examination in your own language.

      3.  You can also request that USCIS make accommodations for your disability during the naturalization process. (this includes interviews).

      Our congratulations to Ms. Moya and her family.  I am sure that her children, grandchildren, and great-grandchildren are proud and happy!

      If you have been a permanent resident for many years, and have not taken your citizenship exam yet, why not apply for naturalization now? Kalish Law Office is available to consult with you, review your situation, prepare your naturalization application, apply for any accomodations or exemptions that you are entitled to receive, and assist you with the process.

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      25 Jun 2010

      Should You File For Naturalization? The Pros and Cons

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      Should You File for Naturalilzation? The Pros and Cons http://ping.fm/MVfaD

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      15 Mar 2010
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      law immigration Should you file for adjustment or wait for reform? http://ping.fm/xgfSi
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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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