Feel free to schedule a consultation to discuss one of the below topics:
Naturalization
Guide to Naturalization in the United States
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.
Communist Party Membership or Affiliation: Ineligibility for Permanent Residence and Naturalization, Exceptions and Waivers
1. Introduction The Chinese Communist Party (CCP) has maintained a political monopoly in China’s mainland since Mao Zedong founded the People’s Republic of China in 1949. The Party comprises over 100 million members, about 10% of China’s adult population. This article discusses how the U.S. Immigration and Nationality Act makes certain CCP members and affiliates…
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.
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…
How to Reschedule a USCIS Biometrics Appointment
New rules for rescheduling biometrics appointments were announced by U.S. Citizenship and Immigration Services (USCIS) in July 2023. If biometrics are required by USCIS for your case, you will receive a biometrics appointment notice (Form I-797C, Notice of Action). It will include the date, time, and location for your appointment at the USCIS Application Support…
USCIS Announces New Cycle Time Goals
I recently wrote about how USCIS processing times for family-sponsored immigration, which increased during the Trump administration, remain stubbornly high. For example, adjudication of a Form I-130, Petition for Alien Relative, on behalf of a citizen’s spouse or child, can take up to 16 months. And that’s just the first of multiple steps for the…
Expeditious Naturalization on the Basis of
U.S. Citizen’s Spouse’s Employment Abroad
The spouse must be employed by one of the following entities:
- an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof
- the U.S. Government
- an American institution of research “recognized as such by the Attorney General
- a public international organization “in which the U.S. participates by treaty or statute
- a religious denomination or an interdenominational mission organization having a bona fide organization within the U.S.
Guide to Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad under Section 319(b)
Are you 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? You may be eligible for expeditious naturalization. Chodorow Law Offices can help:
Poll: Which USCIS Office Is Best for a 319(b) Expeditious Naturalization Interview?
One of the advantages of expeditious naturalization under section 319(b) of the Immigration and Nationality Act is that an applicant can choose the USCIS office where their interview will be held. (For background information about expeditious naturalization under section 319(b), see here). Poll: Please use the comments section below to explain your reasons for which…
319(b) Expeditious Naturalization: USCIS Washington DC Field Office Procedures Update
The USCIS Washington DC Field Office has provided an update regarding their procedures for appointments and oath ceremonies for applicants for expeditious naturalization under section 319(b) of the Immigration and Nationality Act. Section 319(b) allows the spouses of U.S. citizens employed abroad by certain U.S. employers to qualify for naturalization without completing the normally required…
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.
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.?
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.
Birthright Citizenship
Birthright Citizenship Wins by a Nose
Today, the U.S. Supreme Court held that President Trump’s Executive Order No. 14160 limiting birthright citizenship violates the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution. That clause reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States….” The Executive Order…
U.S. Judge Blocks Trump’s Birthright Citizenship Order
A federal judge in Seattle on Thursday issued an order blocking President Trump’s administration from implementing an executive order curtailing the right to birthright citizenship in the United States, calling it “blatantly unconstitutional.” U.S. District Judge John Coughenour, sitting in the U.S. District Court for the Western District of Washington, granted the plaintiffs’ motion in State…
Trump’s Unconstitutional Order Ending Birthright Citizenship Is Causing Chaos
President Trump Trump has signed an executive order attempting to end birthright citizenship in the U.S. — a guaranteed by the Fourteenth Amendment to the U.S. Constitution, affirmed by the Supreme Court for over 100 years, and codified in Federal regulations. The Fourteenth Amendment The Fourteenth Amendment to the U.S. Constitution states that “All persons born or naturalized in the…
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…
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.
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.
Acquisition of Citizenship at Birth Abroad
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.
U.S. State Department Loosens Citizenship Requirements for Children Born Abroad thru Assisted Reproductive Technology
The State Department announced on May 18 that it is easing restrictions on the ties children born abroad must have with their parents in order to automatically acquire citizenship at birth abroad under section 301 of the Immigration and Nationality Act. The U.S. will now only require children born abroad to have a “genetic or…
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.
USCIS Teleconference on Assisted Reproductive Technology Policies
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…
DOS Increases Fees for Immigrant Visas & American Citizen Services
I previously reported on fee increases by the U.S. Department of State (DOS) for nonimmigrant visas effective June 4, 2010. Now, DOS has also issued an interim final rule increasing fees for immigrant visas and certain American Citizen Services, effective July 13. DOS justifies the changes by citing an independent cost of service study’s findings…
Child Citizenship Act of 2000
A child born abroad and currently residing in the U.S. as a permanent resident automatically becomes a U.S. citizen if at any time after Feb. 27, 2001 all of the following are true:
- The child has at least one U.S. citizen parent
- The child is under 18 years of age.
- The child is currently residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent.
Such a child may apply for a U.S. passport and/or file with USCIS a Form N-600, Application for Certificate of Citizenship.
A child born abroad and currently residing abroad may apply for naturalization if the child is temporarily in the U.S. and all of the following are true:
- The child has at least one U.S. citizen parent.
- The U.S. citizen parent has been physically present in the U.S. for at least 5 years, at least 2 of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the U.S. for at least 5 years, at least 2 of which were after the age of 14.
- The child is under 18 years of age.
- The child is residing outside the U.S. in the legal and physical custody of the U.S. citizen parent.
- The child is temporarily present in the U.S., having entered the U.S. lawfully and maintaining lawful status in the U.S.
Such a child may file with USCIS a Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322.
Children with Dual Nationality (U.S. and China)
Pro Forma Visas for U.S.-China Dual National Children
Under normal circumstances, a U.S. visa cannot be issued to U.S. citizens. However, a “pro forma visa” can be issued to a U.S.-China dual national child “as a matter of courtesy” for the “sole purpose of facilitating departure from China directly back to the United States.”
Applying for a China “Exit and Entry Permit” or “Travel Document” 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) or a Travel Document (旅行证 lvxingzheng) on behalf of a dual nationality child. Our law firm can help you analyze whether this or a different travel document is best for your child. Background Certain children may automatically acquire Chinese citizenship at…
Eileen Gu: What’s the Deal with Her Nationality?
Eileen Gu (谷爱凌) is a Chinese-American freestyle skier competing in three events at the Winter Olympics in Beijing: halfpipe, slopestyle, and big air. At the same time, the San Francisco native is the subject of intense controversy for switching from the U.S. to China’s national team. This article addresses the question, what’s the deal with…
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…
Who Automatically Acquires Chinese Citizenship at Birth?
This table summarizes who is automatically a Chinese citizen at birth according to the Nationality Law: Place of Child’s BirthCitizenship of ParentsCitizenship of ChildSource of LawChinaOne or both is ChineseChineseNationality Law, article 4“Both parents are:(a) stateless or uncertain nationality; and (b) have settled (定居) in China.ChineseNationality Law, article 6“Neither is ChineseForeign—Abroad(a) One or both parents is Chinese…
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…