Naturalization and Citizenship

At Chodorow Law Offices, we help with:

  • Naturalization;
  • Expeditious naturalization on the basis of a U.S. citizen spouse’s employment abroad for (a) “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”; (b) the U.S. Government; (c) an American institution of research “recognized as such by the Attorney General”; (d) a public international organization “in which the U.S. participates by treaty or statute”; or (e) a religious denomination or an interdenominational mission organization having a bona fide organization within the U.S.;
  • Applying for consular reports of birth abroad, passports, and certificates of citizenship based on acquisition of citizenship at birth abroad;
  • Cases under the Child Citizenship Act of 2000;
  • Form N-470, Application to Preserve Residence for Naturalization Purposes; and
  • Advice for children with dual U.S. and China nationality.

Naturalization

Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?
Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?

This article discusses the "continuous residence requirement for naturalization, including eligibility for an applicant who has been abroad for under 6 months, under 1 year, and over 1 year. The article also introduces the Form N-470, Application to Preserve Residence for Naturalization Purposes.

Choosing Between U.S. and Chinese Citizenship: Pros and Cons
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…

Marijuana Use Still Can Lead to Denial of Naturalization
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.

Guide to Naturalization in the United States
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.

Form N-470, Application to Preserve Residence for Naturalization Purposes
Form N-470, Application to Preserve Residence for Naturalization Purposes

Certain classes of naturalization applicants are eligible to count time residing abroad towards meeting the requirement of “continuous residence” in the United States. The table below serves as a quick reference guide on certain “continuous residence” and “physical presence” provisions for persons residing abroad under qualifying employment. Employer or VocationProvisionContinuous ResidencePhysical PresenceU.S. government or contractorINA…

Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
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…

Expeditious Naturalization on the Basis of U.S. Citizen’s Spouse’s Employment Abroad

Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad
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:

319(b) Expeditious Naturalization: USCIS Washington DC Field Office Procedures Update
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…

Poll: Which USCIS Office Is Best for a 319(b) Expeditious Naturalization Interview?
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…

FAQ: Expeditious Naturalization for Spouses of U.S. Citizens Employed Abroad
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
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…

What Counts as an American Institution of Research or International Organization for Purposes of Expeditious Naturalization?
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.

Acquisition of Citizenship at Birth Abroad

Guide to Acquisition of U.S. Citizenship by 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.

Cases under the 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.

Advice for Children with Dual U.S.-China Nationality

Pro Forma Visas for U.S.-China Dual National Children
Pro Forma Visas for U.S.-China Dual National Children

It’s tricky for a U.S.-China dual national child to depart China. The child must present to the immigration inspector in the China airport both (a) a travel document issued by the Chinese government and (b) a document authorizing their entry to the U.S. The most obvious strategy won’t work. The child cannot present their China…

Eileen Gu: What’s the Deal with Her Nationality?
Eileen Gu: What’s the Deal with Her Nationality?

ContentsFacts and AmbiguitiesIs Eileen an American Citizen?Is Eileen a Chinese Citizen?Conclusion 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…

Applying to Renounce Chinese Citizenship
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…

Choosing Between U.S. and Chinese Citizenship: Pros and Cons
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…

Applying for a PRC Exit and Entry Permit for a Child with Dual Nationality
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…

Enrolling Binational Children in Beijing International Schools: Immigration Law Issues
Enrolling Binational Children in Beijing International Schools: Immigration Law Issues

ContentsWho Automatically Acquires PRC Citizenship at Birth?Dual Nationality Not RecognizedBeijing Education Commission RulesRenouncing Chinese CitizenshipFootnotes The school year has just begun in Beijing. But for children of binational couples, it’s not too early to start thinking about immigration-related requirements for enrolling in Beijing international schools next year. In some cases, a child may need to…

Translation: Ministry of Foreign Affairs Press Release, “How Chinese Citizens Should Deal with Nationality Issues” (Apr. 14, 2008)
Translation: Ministry of Foreign Affairs Press Release, “How Chinese Citizens Should Deal with Nationality Issues” (Apr. 14, 2008)

Source: China Web Due to global integration and the day-by-day increase of Sino-foreign contacts, nationality problems are arising for Chinese citizens living in Mainland China . Some Mainland Chinese citizens qualify under foreign law to apply for or automatically acquire foreign citizenship (even if they have never been abroad) due to a foreign adoption, foreign…

Translation: Nationality Law of the People’s Republic of China
Translation: Nationality Law of the People’s Republic of China

(Source: Ministry of Public Security. The English translation is not official.) NATIONALITY LAW OF THE PEOPLE’S REPUBLIC OF CHINA (Adopted at the Third Session of the Fifth National People’s Congress, promulgated by Order No. 8 of the Chairman of the Standing Committee of the National People’s Congress on and effective as of September 10, 1980)…