For a child born in China with dual U.S. and China nationality, there are various options for documents allowing departure from the country. The trick is that you need to show the immigration inspector in the airport both a travel document issued by the Chinese government and a visa or other document to enter your next destination. Continue reading “U.S. Consulate in Shenyang on Pro Forma Visas for Dual Nationals”
A reader asks, “Can a green card holder who’s been overseas for 6 months apply for citizenship?”
In short, maybe. It depends on the specifics of your situation.
The Trump administration’s war on immigration has included an array of tactics. There have been full frontal assaults, such as the Muslim ban, cancellation of DACA, the border wall, and the RAISE Act. Simultaneously, the Trump administration is using the tactic of death by a thousand cuts: numerous assaults in the administrative agencies and courts intended to make immigration slower, more expensive, and painful. Here’s but one example. Continue reading “Death by a Thousand Cuts: Naturalization Backlogs”
Our newest publication is now available: Guide to Acquisition of U.S. Citizenship by Birth Abroad covers the legal requirements for a child born abroad to automatically acquire U.S. citizenship at birth, as well as the procedures to apply for a U.S. passport, consular report of birth abroad (CRBA), and/or U.S. Citizenship and Immigration Services (USCIS) Certificate of Citizenship. Continue reading “Guide to Acquisition of U.S. Citizenship by Birth Abroad”
You may qualify for expeditious naturalization in the United States if your U.S. citizen spouse is employed abroad by a listed American research institution or international organization.
Check out the below lists to see if you may qualify. Then, for more on expeditious naturalization, see here. Continue reading “What Counts as an American Institution of Research or International Organization for Purposes of Expeditious Naturalization?”
This article covers the requirements and procedures for spouses of U.S. citizens employed abroad by U.S. employers to apply for expeditious naturalization under section 319(b) of the Immigration and Nationality Act.
The main benefit of expeditious naturalization is that the applicant is exempt from the normal requirements that he or she (a) continuously reside in the U.S. as a lawful permanent resident (LPR) for 3 or 5 years immediately prior to filing the naturalization application; and (b) be physically present in the U.S. for one half of that time. Continue reading “Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad”
This informative Guide summarizes the requirements and procedures for applying to the U.S. Citizenship and Immigration Services (USCIS) for naturalization as a U.S. citizen. Continue reading “Guide to Naturalization in the United States”
Most applicants for naturalization must first reside in the U.S. as a lawful permanent resident for a continuous period of 5 years. However, that requirement can be waived if you are eligible for expeditious naturalization based on your U.S. citizen spouse’s employment abroad for one of the following types of employers: Continue reading “See if You Are Eligible for Expeditious Naturalization”
President-Elect Trump last night tweeted a proposal that persons who burn the U.S. flag should “perhaps” lose their American citizenship. Regardless of one’s views on flag burning as protected free speech, the specter of the government depriving Americans of their citizenship is terrifying and unconstitutional. Continue reading “Trump’s Irresponsible Proposal: Deporting U.S. Citizens”
USCIS has issued a final rule increasing filing fees for most immigration applications and petitions. The new fees go into effect December 23, 2016. USCIS explains that fees are increasing “for the first time in six years, by a weighted average of 21 percent.” Continue reading “USCIS Filing Fees Increase”
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.
Chinese birth tourism agencies are commonly misunderstood as taking advantage of a “loopholes” in U.S. law. But they should be viewed as criminal smuggling operations. Continue reading “Birth Tourism Agencies As Human Smuggling Operations”
The BBC and other media recently reported that a woman flying China Airlines from Taipei to Los Angeles on 7 October went into labor and delivered a healthy baby girl with the help of a doctor on board. The plane was diverted to Alaska. Continue reading “Is Air-Born Baby a U.S. Citizen?”
More Chinese patients are checking into travel abroad for healthcare needs, helped by a rising demand for better quality medical care and sophisticated treatments, according to a recent article by Caixin. Below, I look at the driving forces behind the increase in so-called medical tourism, some differences between the U.S. and Chinese health care systems, the doctor-patient relationship in the U.S., and the U.S. visa requirements for healthcare visits. Continue reading “U.S. Visas for Medical Treatment”
In 1895, the U.S. government, egged on by a wave of anti-Chinese sentiment, brought a test case in an effort to undermine the 14th Amendment’s birthright citizenship provision. The Washington Post tells the story. Continue reading “Donald Trump Meet Wong Kim Ark, the father of “Birthright Citizenship””
MJ Lee of CNN Politics has written “5 Things to Know about the Asian Anchor Baby Controversy,” quoting attorney Gary Chodorow.
Jeb Bush was trying to dig himself out from a pile of criticism for using the term “anchor babies.” But his comments at a press conference Monday only brought heaps of new outrage. Defending himself from charges that he had used a derogatory term stereotyping Hispanics, he told the cameras that “anchor babies” were “frankly more related to Asian people.”
Writing for Rolling Stone, in this long read Benjamin Carlson describes the birth tourism odyssey of one Beijing couple, Peter and Ellie Yang. Continue reading “Rolling Stone, “Welcome to Maternity Hotel California” (Quoting Gary Chodorow on Chinese Birth Tourism)”
On March 3, 2015, federal law enforcement officers executed search warrants at about 37 Southern California locations in what is potentially the biggest federal criminal case to date against birth tourism agencies. Continue reading “Feds Raid Birth Tourism Businesses in Southern California (BBC, USA Today Interview Gary Chodorow)”
Part 2 discusses Hong Kong’s struggle with the problem. A crackdown by Hong Kong on Mainland birth tourists is reportedly increasing the flow to the U.S.
This Part 3 discusses possible U.S. policy responses. Continue reading “Shady Chinese Agencies Promoting U.S. Birth Tourism–Part 3: Policy Responses”
U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder listening session on Tuesday, Nov. 18, from 1–2:30 p.m. (Eastern) about a policy update on assisted reportoductive technology (ART).
This policy update (PA-2014-009) clarifies the definition of “mother” and “parent” under the Immigration and Nationality Act to include gestational legal mothers using ART regardless of whether they are the genetic mother. Previously, U.S. citizen mothers were generally required to have a genetic relationship with their child in order to transmit citizenship at birth. Continue reading →