Category: Naturalization and Citizenship
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…
U.S. Consulate in Shenyang on Pro Forma Visas for Dual Nationals
For a child born in China with dual U.S. and China nationality, there are various options for documents allowing departure from China. 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…
Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?
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 General Rule To be naturalized as a U.S. citizen, an applicant must ordinarily prove that “immediately preceding the date of filing [their] application for naturalization [they…
Death by a Thousand Cuts: Naturalization Backlogs
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…
What Counts as an American Institution of Research or International Organization for Purposes of Expeditious Naturalization?
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.
Applying for a PRC Exit and Entry Permit for a Child with Dual Nationality
This article explains how parents can apply for an Exit and Entry Permit (出入境通行证 churujing tongxingzheng) on behalf of a dual nationality child. Our law firm can assist with the application and advise about other available options. Background Certain children may automatically acquire Chinese citizenship at birth (in China or abroad) if one or both parents are…
Trump’s Irresponsible Proposal: Deporting U.S. Citizens
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.
Chinese Nationality Laws and Reconceptualizing Asian-American Identity
Here’s an abstract of a forthcoming article in the UCLA Asian Pacific American Law Journal by Norman P. Ho of the Peking University School of Transnational Law.
USCIS Filing Fees Increase
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.”
Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas
Several media outlets reported this week on two teenagers who applied for mainland Chinese visas in Toronto but were denied. The Chinese Consulate did not explain the denials, but apparently the reason was that although the teenagers were born in Canada and hold Canadian passports, they had acquired Chinese nationality at birth through their parents born in Hong…
Birth Tourism Agencies As Human Smuggling Operations
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.
Is Air-Born Baby a U.S. Citizen?
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.
U.S. Visas for Medical Treatment
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…
Donald Trump Meet Wong Kim Ark, the father of “Birthright Citizenship”
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.