On Feb. 22, USCIS announced it is rolling back Trump-era changes to the civics test for naturalization applicants. The purpose of the civics test is for a naturalization applicant to demonstrate knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States. As background, on…
Category: Naturalization and Citizenship
Guide to Naturalization in the United States
1. Introduction This Guide summarizes the requirements and procedures to apply to U.S. Citizenship and Immigration Services (USCIS) for naturalization. Naturalization is the manner in which a person not born in the U.S. voluntarily applies for citizenship.[1] This Guide does not cover the special naturalization provisions for members of the U.S. Armed Forces and veterans.…
USCIS Update: Biometrics Appointment Delays
In a December 29, 2020 Stakeholder Message, U.S. Citizenship and Immigration Services (USCIS) provided an update on biometrics appointment delays at Application Support Centers (ASCs) due to COVID-19. USCIS collects biometrics for certain kinds of applications, including but not limited to: Form I-485, Application to Adjust Status Form I-131, Application for Travel Document (including reentry permit)…
USCIS Filing Fees Update: Gov’t Withdraws 9th Circuit Appeal
Dec. 29, 2020 Update Yesterday, the government filed a motion for voluntary dismissal of its appeal to the U.S. Court of Appeals for the Ninth Circuit in Immigrant Legal Resource Center et al., v. Wolf, et al., a legal challenge to the USCIS final rule from Aug. 20, which increased filing fees and required new versions of…
Poll: Which USCIS Office Is Best for a 319(b) Expeditious Naturalization Interview?
Can USCIS Reuse Biometrics Submitted Previously?
If an individual previously submitted biometrics in connection with a prior application, can USCIS reuse those biometrics in connection with a new application? USCIS requires biometrics appointments in connection with various types of applications, such as for adjustment of status (Form I-485), reentry permits (Form I-131), employment authorization (Form I-765), and naturalization (Form N-400). Once…
Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad
Are you considering applying for expeditious naturalization as the spouse of a U.S. citizen employed abroad by a U.S. company, the U.S. government, an international organization, a research institution, or a religious organization? Chodorow Law Offices can help:
Applying to Renounce Chinese Citizenship
A child may automatically acquire dual citizenship in China and another country at birth. For example, a child born in China to a Chinese parent and a U.S. citizen parent may acquire both nationalities. Similarly, a child born in the U.S. to a U.S. citizen parent and a Chinese parent who has not settled in the…
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., 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…
“Birth Tourism” Restricted by New State Department Rule
The State Department has published a Jan. 24 rule taking aim at birth tourism. The rule prohibits issuance of a B-2 (visitor for pleasure) visa if the applicant’s primary purpose for traveling to the U.S. is to gain citizenship for a child by giving birth in the U.S. The new rule will not prohibit pregnant…
FAQ: Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad
This FAQ gives quick answers to common questions about expeditious naturalization under section 319(b) for spouses of U.S. citizens employed abroad. For more detailed information, see Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad.
See if You Are Eligible for Expeditious Naturalization
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: an American firm or corporation…
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
U.S. State Department Appeals to Ninth Circuit a Ruling That Same-Sex Couple’s Child Acquired Citizenship Upon Birth Abroad
Andrew and Elad Dvash-Banks have twin sons, born four minutes apart. The U.S. State Department has maintained that one is a U.S. citizen and one is not. The same-sex couple has been fighting the U.S. government in federal court for citizenship rights for their young child.
Guide to Acquisition of U.S. Citizenship by Birth Abroad
This article discusses the requirements and procedures for a child born abroad to automatically acquire U.S. citizenship at birth. In such cases, the child may apply for a U.S. passport, consular report of birth abroad (CRBA), and/or certificate of citizenship.
Marijuana Use Still Can Lead to Denial of Naturalization
U.S. Citizenship and Immigration Services (USCIS) reminded its officers this week that violation of federal controlled substance law, including for marijuana, is still a basis for denying naturalization. This is true, even if such activity is not unlawful under applicable state or foreign law.
Trump’s Wrong Assertion That He Can End Birthright Citizenship by Executive Order
President Trump baldly asserted this week that he can issue an executive order ending birthright citizenship for children born in the U.S. to undocumented parents. My initial reaction was frustration. How can the President claim–with no explanation–the power to act in a way that appears contrary to the plain words of the U.S. Constitution? Is…
Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat
I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this: I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa…
LPR Living with a Citizen Spouse Employed Abroad by an American Company: Any Risk of Abandonment?
Karen writes to ask: I am a U.S. green card holder, but I live in Asia with my husband, who is a U.S. citizen employed here by an American company. Is there any risk that I may unintentionally lose my LPR status because I am spending too much time outside the U.S.?
Choosing Between U.S. and Chinese Citizenship: Pros and Cons
Are you in a position where you need to choose between U.S. and Chinese citizenship? For example, are you a U.S. green card holder from China considering applying for naturalization in the U.S.? Or are you a person who automatically acquired both Chinese and U.S. citizenship at birth but is now considering renouncing Chinese citizenship? The…