USCIS Partial Retreat: Some International Field Offices, including Beijing and Guangzhou, Will Remain Open

Aug. 9 Update: USCIS announced in a news release today that they have cancelled plans to close operations at 7 international field offices: Beijing, Guangzhou, Nairobi, New Delhi, Mexico City, San Salvador, and Guatemala City. The news release calls these operations “cost-effective and high value”: they will continue to “adjudicate complex immigration petitions that require in-person interviews, to enhance integrity through fraud detection and national security activities, and to liaise with U.S. and foreign government entities to improve migration management capacity.” The news release gives no reason for the partial retreat in plans to axe all international offices.

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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.

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USCIS Processing of I-751s in Disarray

U.S. Citizenship and Immigration Services’ processing of Forms I-751, Petitions to Remove Conditional Resident Status is in a state of disarray.

Sandra Feist writes for the American Immigration Lawyers Association (AILA) that USCIS has been adding new procedural delays and hurdles to I-751s, like brick after brick in an “invisible wall” making life difficult for spouses of U.S. citizens.

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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 this a serious proposal that just sounds like a flippant remark, or is it merely a cynical political ploy to rally his base before the midterm elections?

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Quotes and Quips

“We cannot just sit idly by and watch our most vulnerable neighbors become collateral damage, stemming from hard-lined ideologies. Together, we stand against these changes. No one should have to choose between food and family.”
Op-ed opposing the Trump Administration’s proposed rule that would put at risk foreign nationals’ eligibility for green cards if previously, while lawfully residing in the U.S., they lawfully accessed public benefits such as food stamps or Medicaid.
“We the Indians of the Onandaga Tribe of the Six Nations Confederacy of New York State, after giving due consideration to the [Citizenship Act of 1924] … are not in any way capable of taking up the responsibilities of citizenship such as which the aforementioned [Act] is designed to enforce on the Indians…. [T]he [Act] is a destructive and an injurious weapon [that abrogates] the Treaty between the United States and the Six Nation Indians concluded in March 3, 1792.”
Letter from the Chiefs of the Onandaga Nation to President Calvin Coolidge, Dec. 30, 1924, protesting the Citizenship Act of 1924. The Act declared that all Indians born within the United States are U.S. citizens. Indians had mixed reactions. Some considered the Act a way to secure long-denied political rights. Others, such as the Onandaga chiefs, considered the Act to be a tool for forced assimilation and weakening of their tribe’s rights as a nation.

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“Alias Certificates” Required from Immigrant Visa Applicants at the U.S. Consulate in Guangzhou

The latest Immigrant Visa Instructions published by the U.S. Consulate in Guangzhou on Nov. 24, 2017, require that an applicant who has “ever used another name or alias on legal documentation or for other official purpose must provide a certified alias certificate” (别名证明文件). Continue reading ““Alias Certificates” Required from Immigrant Visa Applicants at the U.S. Consulate in Guangzhou”

Death by a Thousand Cuts: Evisceration of the Foreign Service

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: Evisceration of the Foreign Service”

National Day and Mid-Autumn Festival

Chodorow Law Offices will be closed during the upcoming Chinese National Day and Mid-Autumn Festival holidays.

  • Sept. 30 (Saturday): Open.
  • Oct. 2-8: Closed.
  • Oct. 9 (Monday): Open.

Similarly, the U.S. Embassy and Consulates General will be closed, on the following schedule:

  • Oct. 2-8: Closed.
  • Oct. 9: Closed for Columbus Day (U.S. holiday).

Best wishes for the holidays. In the event of an emergency during the holidays, you can reach your case manager or attorney by cell phone.

Steve Miller, Meet Saum Song Bo: What the Statue of Liberty Symbolizes

On August 2, White House adviser Stephen Miller held a press conference defending President Donald Trump’s support for the RAISE Act, legislation that would reduce legal immigration to the United States.

CNN reporter Jim Acosta asked whether the bill is in keeping with Emma Lazarus’ sonnet, The New Colossus, at the base of the Statue of Liberty, which reads in part: Continue reading “Steve Miller, Meet Saum Song Bo: What the Statue of Liberty Symbolizes”