legal – 3/9/21 – Immigration Content / Immigration Test / Dual Citizenship – gtg

H2B Continued

The agency that oversees the work visa program says it has received enough applications to reach the congressionally mandated H-2B cap for the second six months of the fiscal year.

Congress set a limit of 66,000 H-2B workers for the fiscal year. The H-2B visa program allows U.S. employers to request foreign workers to fill a one-time, peak load, intermittent, or seasonal need for labor when no workers are available in the local job force.

U.S. Citizenship and Immigration Services says that March 16 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1. The agency will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on March 16. The process will select the number of petitions needed to meet the cap. USCIS will reject all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B workers

Small Business, a coalition of business owners relying upon seasonal immigrant labor to serve their customers is lobbying lawmakers to “recapture” H-2B visas that were unused during prior years. The total of unused H-2B visas is approximately 500,000 (this is the difference between the 66,000 H-2B visas authorized each year and the number of H-2B visas actually.

“Returning workers” are exempt from H-2B cap limitations. In order to qualify, the worker must have counted against the H-2B numerical cap during the previous four years. Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. Petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap will not be rejected, and petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable

The program was started in 1990. Last year was the first year the worker cap was reached, which happened in March, just five months into the federal government’s fiscal year. This year the cap was reached in January. Once the cap is reached, no more H-2B workers can come into the country through the federal fiscal year, which ends Sept. 30.

Because a company cannot apply for workers more than 120 days before they are needed, some businesses, specifically those that need workers later in the fiscal year, were locked out.


The 100 Citizenship Test Questions


For those interested in seeing what type of questions are asked on the citizenship exam, below are 100 typical questions (and not quite 100 answers):

Note that only 10 questions are usually asked.

1. Q: What are the colors of our flag?

A: Red, White, and Blue

2. Q: How many stars are there on our flag?

A: Fifty (50)

3. Q: What color are the stars on our flag?

A: White

4. Q: What do the stars on the flag signify?

A: There is one for each state in the United States

5. Q: How many stripes are there on the flag?

A: Thirteen (13)

6. Q: What color are the stripes on the flag?

A: Red and White

7. Q: What do the stripes on the flag signify?

A: They represent the original 13 states

8. Q: How many states are there in the U.S.?

A: Fifty (50)

9. Q: What is the 4th of July?

A: Independence Day

10. Q: What is the date of Independence Day?

A: July 4th

11. Q: From what country did the U.S. win independence?

A: England

12. Q: What country did we fight during the Revolutionary War?

A: England

13. Q: Who was the first President of the United States?

A: George Washington

14. Q: Who is the president of the United States today?

A: Joe Biden

15. Q: Who is the vice president of the United States today?

A: Kamala Harris

16. Q: Who elects the president of the United States?

A: The electoral college

17. Q: Who becomes the president of the U.S. if the president should die?

A: The vice president

18. Q: For how long do we elect the president?

A: Four years

19. Q: What is the Constitution?

A: The supreme law of the land

20. Q: Can the Constitution be changed?

A: Yes, by amendment

21. Q: What do we call a change to the Constitution?

A: Amendment

22. Q: How many changes or amendments are there to the Constitution?

A: Twenty-seven (27)

23. Q: How many branches are there in the U.S. government?

A: Three (3)

24. Q: What are the three branches of the U.S. government?

A: Legislative, executive, and judicial

25. Q: What is the legislative branch of our government?

A: Congress

26. Q: Who makes the laws in the United States?

A: Congress

27. Q: What are the two houses of Congress?

A: The Senate and the House of Representatives

28. Q: What are the duties of Congress?

A: To make laws

29. Q: Who elects Congress?

A: The people

30. Q: How many senators are there in the U.S. Congress?

A: One hundred (100)

31. Q: Name the two U.S. senators from your state.

A: (It’s time for a little research on your part!)

32. Q: For how long do we elect each senator?

A: Each term is 6 years

33. Q: How many voting representatives are there in Congress?

A: Four hundred and thirty five (435)

34. Q: For how long do we elect the representatives?

A: Two years

35. Q: What is the executive branch of the U.S. government?

A: The president, cabinet, and the departments under the cabinet members

36. Q: What is the judicial branch of the U.S. government?

A: The Supreme Court

37. Q: What are the duties of the Supreme Court?

A: To interpret laws

38. Q: What is the supreme law of the United States?

A: The Constitution

39. Q: What is the Bill of Rights?

A: The first 10 amendments of the Constitution

40. Q: What is the capital of your state?

A: (It depends on which state you live in.)

41. Q: Who is the current Governor of your state?

A: (Ditto)

42. Q: If both the president and the vice president die, who becomes president?

A: The Speaker of the House of Representatives

43. Q: Who is the current chief of justice of the Supreme Court?

A: John G. Roberts, Jr.

44. Q: Name the thirteen original states.

A: Connecticut, New Hampshire, New York, New Jersey, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, Rhode Island, and Maryland;

45. Q: Who said “give me liberty or give me death”?

A: Patrick Henry

46. Q: Which countries were our enemies during WWII?

A: Germany, Italy, and Japan

47. Q: What were the 49th and 50th states admitted to the U.S.?

A: Hawaii and Alaska

48. Q: How many terms can a president serve?

A: Two

49. Q: Who was Martin Luther King, Jr.?

A: A famous civil rights leader

50. Q: Who is the head of your local government?

A: (It depends on where you live.)

51. Q: According to the Constitution, a person must meet certain requirements in order to be eligible to become president. Name one of these requirements.

A: Must be a native-born citizen of the United States. Must be at least 35 years old by the time he/she will serve. Must have lived in the United States for at least 14 years.

52. Q: Why are there 100 senators in the Senate?

A: There are two from each state

53. Q: Who nominates the Supreme Court justices?

A: They are appointed by the president

54. Q: How many Supreme Court justices are there?

A: Nine (9)

55. Q: Why did the Pilgrims come to America?

A: For religious freedom

56. Q: What is the head executive of a state government called?

A: Governor

57. Q: What is the head executive of a city government called?

A: Mayor

58. Q: What holiday was started by the American Colonists?

A: Thanksgiving

59. Q: Who was the main writer of the Declaration of Independence?

A: Thomas Jefferson

60. Q: When was the declaration of Independence adopted?

A: July 4, 1776

61. Q: What is the basic belief of the Declaration of Independence?

A: That all men are created equal

62. Q: What is the national anthem of the United States?

A: The Star-Spangled Banner

63. Q: Who wrote the Star-Spangled Banner?

A. Francis Scott Key

64. Q: Where does the freedom of speech come from?

A: The Bill of Rights

65. Q: What is the minimum voting age in the United States?

A: Eighteen (18)

66. Q: Who signs bills into law?

A: The President

67. Q: What is the highest court in the United States?

A: The Supreme Court

68. Q: Who was the president during the Civil War?

A: Abraham Lincoln

69. Q: What did the Emancipation Proclamation do?

A: It freed the slaves

70. Q: What special group advises the president?

A: The cabinet

71. Q: Which president is called the “Father of our Country”?

A: George Washington

72. Q: What INS form is used to apply to become a naturalized citizen?

A: Form N-400

73. Q: Who helped the Pilgrims in America?

A: Native American Indians

74. Q: The first Pilgrims sailed to America in what ship?

A: The Mayflower

75. Q: What were the 13 original states of the United States called?

A: The colonies

76. Q: Name three rights or freedoms guaranteed by the Bill of Rights.

A: Freedom of speech, freedom of the press, and freedom of religion;

77. Q: Who has the power to declare war?

A: The Congress

78. Q: Name an amendment that guarantees or addresses voting rights.

A: The 15th, 19th, 24th, and 26th Amendments;

79. Q: Which president freed the slaves?

A: Abraham Lincoln

80. Q: In what year was the Constitution written?

A: 1787

81. Q: What are the first 10 amendments to the constitution?

A: The Bill of Rights

82. Q: Name one purpose of the United Nations.

A: To try to resolve world problems

83. Q: Where does Congress meet?

A: In the Capitol in Washington, D.C.

84. Q: Whose rights are guaranteed by the Constitution and the Bill of Rights?

A: Everyone living in the U.S. (citizens and non-citizens);

85. Q: What is the introduction to the Constitution called?

A: The Preamble

86. Q: Name one benefit of being a citizen of the United States.

A: Obtain federal government jobs; travel with a U.S. passport; petition for close relatives to come to the U.S. to live;

87. Q: What is the most important right granted to U.S. citizens?

A: The right to vote

88. Q: What is the United States Capitol?

A: The place where Congress meets

89. Q: What is the White House?

A: The President’s official home

90. Q: Where is the White House located?

A: Washington, D.C.

91. Q: What is the name of the president’s official home?

A: The White House

92. Q: Name one right guaranteed by the first amendment.

A: Freedom of speech, press, religion, peaceable assembly, and requesting a change of the government;

93. Q: Who is the commander in chief of the United States?

A: The President

94. Q: Who was the first commander in chief of the U.S. Military?

A: George Washington

95. Q: In what month do we vote for the president?

A: November

96. Q: In what month is the new president inaugurated?

A: January

97. Q: How many times may a congressman be re-elected?

A: There are no term limits

98. Q: How many times may a senator be re-elected?

A: There are no term limits

99. Q: What are the two major political parties in the United States?

A: Republican and Democrat

100. Q: How many states are there in the United States?

A: Fifty (50).




U.S. Policy on Dual Nationality

Dual Citizenship Explained

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States. The following information explains dual nationality and U.S. citizenship, including circumstances where U.S. citizenship may be lost.

What is dual nationality?
Dual nationality is the simultaneous possession of two citizenships. The Supreme Court of the United States has stated that dual nationality is “a status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other”, Kawakita v. U.S., 343 U.S. 717 (1952). (The Consulate General does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.) The concepts discussed in this leaflet apply also to persons who have more than two nationalities.

How acquired?
Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy. Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws.

The laws of the United States, no less than those of other countries, contribute to the situation because they provide for the acquisition of U.S. citizenship by birth in the United States and also by birth abroad to an American, regardless of the other nationalities which a person might acquire at birth. For example, a child born abroad to U.S. citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born. Similarly, a child born in the United States to foreigners may acquire at birth both U.S. citizenship and foreign nationality.

The laws of some countries provide for automatic acquisition of citizenship after birth — for example, by marriage. In addition, some countries do not recognize naturalization in a foreign state as grounds for loss of citizenship. A person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin despite the fact that one of the requirements for U.S. naturalization is a renunciation of other nationalities.

Current law and policy
The current nationality laws of the United States do not specifically refer to dual nationality. The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, under limited circumstances, the acquisition of a foreign nationality upon one’s own application or the application of a duly authorized agent may cause loss of U.S. citizenship under Section 349 (a)(1) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(1)].

In order for a loss of nationality to occur under Section 349 (a)(1), it must be established that the naturalization was obtained voluntarily by a person eighteen years of age or older with the intention of relinquishing U.S. citizenship. Such an intention may be shown by the person’s statements or conduct, Vance v. Terrazas, 444 U.S. 252 (1980), but as discussed below in most cases it is assumed that Americans who are naturalized in other countries intend to keep their U.S. citizenship. As a result, they have both nationalities.

United States law does not contain any provisions requiring U.S. citizens who are born with dual nationality to choose one nationality or the other when they become adults, Mandoli v. Acheson, 344 U.S. 133 (1952).

While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide diplomatic and consular protection to them when they are abroad.

Allegiance to which country
It generally is considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on them.

As with Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States and are obliged to obey its laws and regulations. Such persons usually have certain obligations to the other country as well. Although failure to fulfill such obligations may have no adverse effect on dual nationals while in the United States because the other country would have few means to force compliance, under those circumstances, dual nationals might be forced to comply with those obligations or pay a penalty if they go to the country of their other citizenship. In cases where dual nationals encounter difficulty in a foreign country of which they are citizens, the ability of U.S. Foreign Service posts to provide assistance may be quite limited since many foreign countries may not recognize a dual national’s claim to U.S. citizenship.

Which passport to use?
Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Dual nationals may be required by the other country of which they are citizens to enter or leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.

How to give up dual nationality?
Most countries have laws that specify how a citizen may lose or divest citizenship. Generally, persons who do not wish to maintain dual nationality may renounce the citizenship which they do not want. Information on renouncing a foreign nationality may be obtained from the foreign country’s Embassies and Consulates or from the appropriate governmental agency in that country.

Americans may renounce their U.S. citizenship abroad pursuant to Section 349 (a)(5) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(5)]. Information on renouncing U.S. citizenship may be obtained from U.S. Embassies and Consulates and the office of Citizens Consular Services, Department of State, Washington, D.C. 20520.

Furthermore, an American citizen who is naturalized as a citizen of another country voluntarily and with intent to abandon his/her allegiance to the United States may so indicate their intent and thereby lose U.S. citizenship. See below for further information.

For further information on dual nationality, see Marjorie M. Whiteman’s Digest of International Law (Department of State Publication 8290, released September 1967), Volume 8, pages 64-84.

Potentially expatriating statutes
Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily. Briefly stated, these acts include:

(a) obtaining naturalization in a foreign state (Sec. 349(a)(1), INA);
(b) taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions (Sec. 349(a)(2), INA);
(c) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349(a)(3), INA);
(d) accepting employment with a foreign government if:
(i) one has or acquires the nationality of that foreign state;
or (ii) a declaration of allegiance is required in accepting the position (Sec. 349(a)(4), INA);
(e) formally renouncing U.S. citizenship before a U.S. consular officer outside the United States (Sec. 349(a)(5), INA);
(f) formally renouncing U.S. citizenship within the U.S. (but only in time of war) (Sec. 349(a)(6), INA);
(g) a conviction for an act of treason (Sec. 349(a)(7), INA).

Administrative standard of evidence
The actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government. (See note on policy-level employment, below.)

Disposition of cases when the administrative premise is applicable
In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
or (2) takes a routine oath of allegiance;
or (3) accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When such cases come to the attention of a U.S. consular officer, for example, the person concerned applies for a new passport, he/she is required to submit with the application a supplementary explanatory signed statement to ascertain his/her intent towards U.S. citizenship. Accordingly, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship. Evidence of how and when the foreign nationality was acquired should be presented with the statement.

Disposition of cases when the administrative premise is inapplicable
The premise that a person intends to retain U.S. citizenship is not applicable when the individual:
(1) formally renounces U.S. citizenship before a consular officer;
or (2) takes a policy level position in a foreign state;
or (3) is convicted of treason;
or (4) performs an act made potentially expatriating by statute accompanied by conduct that is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

Cases in categories 2, 3 and 4 will be developed carefully by U.S. consular officers to ascertain the individual’s intent towards U.S. citizenship.

What is policy-level employment?
As a general rule, policy level employment would include, but not be limited to, the following high government positions: head of state or government, member of a national legislature, top positions in executive agencies, and diplomatic representatives down to even relatively low positions.

Persons who wish to relinquish U.S. citizenship
An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship.

This can be done by signing a “Statement of Voluntary Relinquishment of U.S. Nationality” in the presence of a U.S. consular officer, or by submitting a signed statement executed before a Notary Public or a Court Magistrate. In any case, evidence of foreign citizenship (original copy) and U.S. citizenship must be presented to a U.S. consular officer as outlined above.

A person always has the option of seeking to formally renounce U.S. citizenship in accordance with Section 349(a)(5), INA. Please consult the U.S. Embassy or Consulate General in your consular district for details.

We strongly recommend that a person who wishes to sign the “Statement of Voluntary Relinquishment of U.S. Nationality” do so before a consular officer, to ensure that the statement is clear and unequivocal as to the person’s intent. With respect to renunciation, in every case, the renunciation must be done in person before a consular officer.

Applicability of administrative premise to past cases
The premise established by the administrative standard of evidence is applicable to cases previously adjudicated by the Department. Persons who previously lost U.S. citizenship may wish to have their cases reconsidered in light of this policy. A person may initiate such reconsideration by submitting a request to the nearest U.S. consular office or by writing directly to:

Chief, East Asia and Pacific Division
Office of American Citizens Services
(CA/OCS/ACS/EAP), Room 4811
Department of State
Washington D.C. 20520-4818

Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act. (See “Review of Loss of U.S. Nationality”.)

Dual nationality
When a person is naturalized in a foreign state (or otherwise possesses another nationality) and is thereafter found not to have lost U.S. citizenship, the individual consequently may possess dual nationality. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local law. The United States does not favor dual nationality as a matter of policy but does recognize its existence in individual cases.


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