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US to deport all who falsely claim to be citizens following passage of new law

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U.S. Citizenship and Immigration Services today announced it is updating its Policy Manual to align with the Department of Justice’s Board of Immigration Appeals’ (BIA) precedent decision in Matter of Zhang. Decided in June 2019, the BIA held in this decision that false claims of U.S. citizenship do not need to be knowingly made to make an alien deportable under the Immigration and Nationality Act (INA). The Policy Manual also applies the BIA’s decision to the false claim to U.S. citizenship ground of inadmissibility, as it is virtually identical to the ground of deportability.

Under the law, an alien is inadmissible or deportable if the alien falsely represents him or herself to be a citizen of the United States for any purpose or benefit under immigration law or under other federal or state law. The only exception Congress provided to the false claim to U.S. citizenship ground of inadmissibility requires that each parent of the alien is or was a U.S. citizen, the alien permanently resided in the United States before the age of 16, and the alien reasonably believed he or she was a U.S. citizen when claiming to be one.

Aliens applying for refugee status and for adjustment of status based on refugee or asylee status, as well as legalization applicants, may be eligible to apply for a waiver of this ground of inadmissibility. This ground of inadmissibility does not apply to special immigrant juveniles seeking adjustment of status, or to registry applicants.

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Matter of Zhang clarified that it is not necessary for the government to show intent when it comes to false representations to U.S. citizenship. This guidance aligns with that decision and addresses inadmissibility for falsely claiming U.S. citizenship for any purpose or benefit under the INA or any other federal or state law, provided that the alien made the false claim on or after Sept. 30, 1996.

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Diaspora

HOPE: 36 year old man who scored D+ in Kenya now has 5 degrees from US universities!

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BY BMJ MURIITHI

They say when one door is shut somewhere, a window – or even another door – is open someplace else. The story of US-based Mwangi Mukami reads like fiction.

In his own words, the Kenya education system wrote him off when he got a D+ in his high school exams (KCSE). However, upon landing in the US (where, by and large, people are judged by the content of their character without laying too much emphasis on past failures or mistakes), he embarked on a journey to fulfil his educational dreams.

He went back to school and, as we speak, he has just received his fifth degree at the age of 36. Many Kenyans in US can can relate to Mukami’s story. It resonates because many of them – or their friends and family members – had lost hope in Kenya but the United States offered them a second chance. Now they have their well earned degrees which they would otherwise have only dreamt of. We must add a rider here that although there is no doubt that  opportunities abound in the US, you still have to work very hard to earn those degrees.

Here is Mr Mwangi Mukami  in his own words:

BY MWANGI MUKAMI
I have just received my graduate diploma from UC Berkeley. 20+ years ago, Kenya’s education system wrote me off as a failure because I had a D+.
I remember vividly saying to my peers that I wanted to be a policymaker or an attorney. Their response was a burst of collective laughter and sneer. But here I am—five degrees at 36. I hope God grants me a long life, success, and wealth to open doors of opportunities for more D+ students.
For the misfits, the rejected, and the oppressed. Congratulations to my mom. The degree is a reflection of her tenacity. I am grateful and honored to have wonderful brothers and sisters who support and trust my ability to achieve: Elizabeth Mwariri Keyym Peters, Lissa Irvenne Kayte Khulgal Jeph Collins.
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I couldn’t have done it without the encouragement of Kay Ventura, Carol McCrary, and Betty Mc Crary Alarms, And I can’t forget Elizabeth Woods for the many nights she drove to take me to school.

Jim Foti for the countless recommendation letters Joe Beasley for initial grant to attend a community college.

I am because of all these people and I couldn’t be so grateful and honored to have them in my life. For Nick, the next step is a JD.

Image may contain: ‎text that says '‎THE REGENTS OF THE University of Calitornia ON THE NOMINATION OF THE FACULTY OF THE RICHARD AND RHODA GOLDMAN GRADUATE SCHOOL OF PUBLIC POLICY HAVE CONFERRED UPON MOSES MWANGI MUKAMI THE DEGREE OF MASTER OF PUBLIC AFFAIRS WITH ALL THE RIGHTS AND PRIVILEGES THERETO PERTAINING GIVEN AT BERKELEY THIS FIFTEENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND TWENTY OVERNOR OF CALIFORNIA AND PRESIDENT THE REGENTS yat n,ב ESIDENT OF THE UNIVERSITY CurolT. Chrish CHANCELLOR AT BERKELEY ag...baly מAפם THE &. braly SCHOOL‎'‎

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Africa

Uhuru names Amb. Martin Kimani new envoy to NY as he moves to cement his legacy in foreign affairs

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President Uhuru Kenyatta has either moved or nominated envoys to fill 12 positions globally. In the new line-up, Uhuru  has settled on a member of the Building Bridges Initiative (BBI) taskforce Amb Martin Kimani as the new Kenya’s Permanent Representative to the United Nations who will be based in New York.

The position fell vacant when Amb Lazarus Amayo moved to Washington DC as the envoy to US.

But who is Ambassador Martin Kimani? He was the Director of Kenya’s National Counter Terrorism Centre and Special Envoy CVE, and once served as the Permanent Representative and Head of Mission to the United Nations at Nairobi and the UN Environment Programme (UNEP).

Kimani holds an MA and PhD in War Studies from King’s College of the University of London and is a Fellow of the African Leadership Initiative and the Aspen Global Leadership Program.

He was also the 2013 Distinguished African Visiting Fellow at the South African Institute of International Affairs.

Learn more here:

 

Kenyatta has also nominated three former IEBC commissioners for deputy head of mission positions in the latest appointments.

Connie Maina, Paul Kurgat and Margaret Mwanchanya have been picked as deputy heads of mission in the latest changes made by the Head of State.

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The list of nominees features 25 people who are expected to fill up the positions of high commissioner, permanent representative, ambassadors and deputy heads of missions.

According to an Executive Order signed by Head of Public Service Joseph Kinyua, and released on Thursday evening; the group will join the country’s foreign service in various capacities.

The order states partly, “His Excellency the President has on this fifteenth day of October 2020, caused nominations and appointments to the senior ranks of the public service for persons to serve the nation as Ambassadors, High Commissioners and Permanent Representatives in Kenya’s Embassies/High Commissions/Missions abroad. The persons who by dint of the Presidential action will join our nation’s esteemed foreign service…”

Former IEBC vice chair Consolata Nkatha has been picked as the deputy head of mission in Rome, Italy. Her colleagues, Paul Kurgat and Margaret Mwanchanya will occupy similar positions in Moscow (Russia) and Islamabad (Pakistan) respectively.

Below is the list of individuals nominated for the positions of deputy heads of missions:

In the order, Amb John Tipis who headed the Directorate of the African Union heads to Canberra as Kenya’s High Commissioner to Australia. Immaculate Wambua has been picked as Kenya’s High Commissioner to Canada, and she will be based in Ottawa. Closing the list is Amb Catherine Mwangi who will be Kenya’s High Commissioner to South Africa. She will be based in Pretoria.

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In the list of appointments are 12 people who have been picked for ambassadorial positions. They include Amb Jean Kamau (Addis Ababa, Ethiopia), Linday Kiptiness (Bangkok, Thailand), Amb Tom Amolo (Berlin, Germany), Amb Lemarron Kaanto (Brasilia, Brazil), Amb Daniel Wambura (Bujumbura, Burundi), Stella Munyi (Harare, Zimbabwe), Maj. Gen. (Rtd.) Samuel Nandwa (Juba, South Sudan), Maj. Gen. (Rtd.) Ngewa Mukala ) Khartoum, Sudan), Amb Benson Ogutu (Moscow, Russia), Joshua Gatimu (Tehran, Iran), Amb Tabu Irina (Tokyo, Japan) and Amb Jean Kimani (UNHABITAT).

Resignation from IEBC

The three former IEBC officials announced resigned from the commission on April 16, 2018, claiming that their boss Wafula Chebukati was incapable of running the IEBC affairs.

“For far too long and way too many times, the commission chair has failed to be the steady and stable hand that steers the ship in difficult times and gives direction when needed,” the trio said in a statement.

They added: “Instead under Chebukati’s leadership, the commission boardroom has become a venue for peddling misinformation, grounds for brewing mistrust and a space for scrambling and chasing individual glory and credit”.

But on August 12, 2018, Justice Wilfrida Okwany ruled that the commissioners did not legally tender their resignation and were still adjudged to be in office. The court ruled that the trio ought to have resigned in writing rather than in the press conference.

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“As I have already found in this judgement, the issue of the alleged resignation of the four commissioners was a matter that was neither here nor there and was not proved by any tangible evidence,” said Okwany.

-Standardmedia.co.ke

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Diaspora

TRY YOUR LUCK NOW: 2022 US Green card Visa lottery opens, will end on Nov 10th, 2020

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The U.S. Department of State (DOS) has announced the opening of the registration period for the 2022 Diversity Immigrant Visa Program.

The Diversity Visa (DV) Lottery Program enables foreign nationals, including Kenyans, to apply for permanent residence (sometimes referred to as a green card) in the United States without employer or family sponsorship.

The DV Lottery Program selects 55,000 people annually who can then pursue an immigrant visa at a U.S. embassy or consulate in their home country or adjust their status in the United States through the Department of Homeland Security (if a foreign national is residing legally in a nonimmigrant status in the United States at the time of the application). Although the current administration has stated its desire to eliminate the DV Lottery program, it will go forward this year.

This year’s program will again accept only electronic (online) applications. Both the application and the required accompanying photographs must be submitted in an acceptable electronic format. Failure to complete the form in its entirety will disqualify the applicant’s entry.

To be eligible in the lottery drawing, the application must be received between noon Eastern Daylight Time (EDT) on Wednesday, October 7, 2020, and noon Eastern Standard Time (EST) on Tuesday, November 10, 2020. Applicants must submit an Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) online, which is available only at www.dvprogram.state.govImportantly, there is no fee to register for the annual DV Lottery Program.

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After applicants submit a complete entry, they will see a confirmation screen containing their name and a unique confirmation number. Applicants should print this confirmation screen for their records. They will need this confirmation page and unique confirmation number to access the online system that will inform them of the status of their entry.

Applicants will be selected at random by computer from among all qualified entries. Starting May 8, 2021, applicants will be able to check the status of their entry by returning to www.dvprogram.state.gov, clicking on Entrant Status Check and entering their unique confirmation number and personal information.

Applicants must use Entrant Status Check to check if they have been selected for the DV-2022 lottery and, if selected, to check their immigrant visa interview appointment date. The U.S. government will not inform applicants directly, nor will any notification letters be sent out to registrants.

Persons born in the following countries are not eligible to participate because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Macau SAR and Taiwan are eligible. Although eligible last year, individuals born in Hong Kong SAR are not eligible this year.

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To enter the lottery, an applicant must possess either a high school diploma (or its equivalent) or have two years of work experience within the past five years in an occupation that requires, at a minimum, two years of training or experience. Only one entry per person is permitted.

Applicants should be aware that submitting more than one entry will disqualify all entries by the applicant. A husband and wife may each submit one entry, provided that each spouse meets the eligibility requirements. If either spouse is selected, the other will be entitled to derivative permanent resident status. Minor children under 21 will also secure derivative permanent resident status, should one of their parents be selected in the lottery.

The State Department strongly encourages individuals to complete the entry form themselves, without the help of a consultant, agent, or facilitator. We warn individuals that there have been scams in place over the last few years by individuals and entities charging individuals to complete the application.

There is no fee to register. If applicants have someone assist them with the entry form, they should be present when the entry is prepared so that they can provide the correct answers to questions and retain the confirmation page and their unique confirmation number. Without the confirmation page and unique confirmation number, applicants will not be able to access the online system that will inform them of the status of their entry.

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Remember, the Electronic Diversity Visa Entry Form must be submitted during the period from October 7, 2020 to November 10, 2020.

 

 

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