citizen

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Family Immigration Immigration

Does “Unmarried” Include Those Who are Divorced?

Marriage and Green Card Preference Categories U.S. citizens and lawful permanent residents (LPRs) can petition for certain family members to receive green cards. These family members include married and unmarried sons and daughters of U.S. citizens, and unmarried sons and…

Khadija DerrickMarch 1, 2021

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Immigration

USCIS Reverts to 2008 Version of Naturalization Civics Test

USCIS has announced that they will revert back to the 2008 version of the naturalization civics test. On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update…

Jenny ZhanFebruary 22, 2021

Immigration

How are the different U.S. territories treated for purposes of birthright citizenship? What is the difference between a U.S. national and a U.S. citizen?

The 14th Amendment of the U.S. Constitution makes clear that, in general, a person born in the United States is a U.S. citizen. But what counts as the “United States” for purposes of birthright citizenship? As the United States expanded…

Jenny ZhanJanuary 8, 2021

Immigration

I am a U.S. citizen who lives or works abroad for long periods of time. I am traveling to the U.S. temporarily and would like to bring my nanny. Can I do so?

The Department of State permits “personal employees or domestic workers” (including nannies) of U.S. citizens to accompany them on temporary visits to the U.S., but only if certain conditions are met. If the conditions are met, the nanny would receive…

Jenny ZhanDecember 30, 2020

Immigration

I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen?

In short, no -- a child born in the United States to a foreign diplomatic officer does not receive U.S. citizenship at birth. However, many employees of foreign governments -- including consular officials -- are not considered “foreign diplomatic officers”…

Jenny ZhanDecember 9, 2020

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Immigration

Do I need to pass an English language test to get a green card/U.S. citizenship? What about the civics test?

Applying for a green card You will not have to complete a language test at your green card interview. However, with your green card application (more specifically, with your I-944 form, you will have to submit evidence about your English…

Jenny ZhanDecember 4, 2020

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Immigration

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

I am interested in applying for US citizenship, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a citizenship application also known as a naturalization application,…

Jenny ZhanOctober 20, 2020

Deportation & Humanitarian Immigration Immigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanSeptember 22, 2020

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COVID-19

I am a U.S. citizen/green card holder and my family wants to come to the U.S. Can my family come visit me if they are subject to the travel ban to the U.S.?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many of our clients who are U.S. citizens or green card holders ask us if their family that is abroad can come to…

Jenny ZhanSeptember 17, 2020

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Family Immigration Immigration

My spouse applied for a Green Card for me, should I expect an interview?

Most certainly yes. The primary goal when applying for a Green Card through a spouse is to convince the Immigration Officer reviewing your case that the marriage with your spouse is a real marriage also known as a bona fide…

Jenny ZhanJuly 27, 2020

Family Immigration Immigration

I am a U.S. citizen and I married a foreign national. Can I sponsor my step child for a green card?

If you are a U.S. citizen, you may sponsor certain members of your family for a green card. You may either sponsor your immediate relatives or certain other members of your family under the family based preference categories. Let’s analyze…

Jenny ZhanJune 19, 2020

Family Immigration Immigration

What are Some Disqualifying Factors for Citizenship? Can I Become a Citizen if I Committed a Crime?

There are a number of factors that can derail the citizenship process. There are outlined below. You can find out more about citizenship by clicking here. Disqualifying Factors Criminal Convictions A Criminal conviction can disqualify a Legal Permanent Resident from…

Jenny ZhanJune 10, 2020

Family Immigration Immigration

What makes a noncitizen inadmissible or deportable?

Inadmissibility The concept of inadmissibility is a legal concept created by immigration law that describes the process of a noncitizen attempting entry or admission into the United States under some sort of legal status. Admission can be either or both…

Jenny ZhanJune 5, 2020

COVID-19

Coronavirus Update: U.S. Embassies in Rome and Kingston Closed to Routine Services

Announced on March 11 and March 12, the U.S. Embassies in Rome, Italy and Kingston, Jamaica are closed to visa and other routine services. Only emergency American citizen services and emergency visa services will be available. Emergency American citizen services…

Jenny ZhanMarch 12, 2020

Family Immigration Immigration

My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?

If your child is a U.S. citizen and is 21 or older, he/she can sponsor you for a green card under the immediate relative of a U.S. citizen category. If your U.S. citizen child wants to sponsor you and your…

Jenny ZhanFebruary 17, 2020

Family Immigration Immigration

What is derivation of citizenship? How can I derive citizenship through my parent(s)?

There are several ways to obtain U.S. citizenship. For example, you automatically obtain U.S. citizenship if you are born in the U.S. If case you are born outside the U.S. and one (or both) of your parents are U.S. when…

Jenny ZhanDecember 20, 2019

Immigration Immigration Law Changes & New Law

USCIS Issues Guidance on “Terms of Imprisonment or a Sentence” for Good Moral Character Determinations

One of the requirements for naturalization be become an U.S. citizen or other immigration benefits is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character.…

Jenny ZhanDecember 17, 2019

Family Immigration Immigration

I am a U.S. citizen and I want to sponsor my parents for a Green Card. What documents do I need to submit to USCIS to demonstrate the parental relationship?

If you are a U.S. citizen and you want to sponsor your parents for a Green Card, you will need to submit evidence demonstrating the parental relationship. I was born in wedlock and I want to sponsor my parents for…

Jenny ZhanDecember 16, 2019

Family Immigration Immigration

USCIS Further Expands Guidance on Good Moral Character Requirement

Jenny ZhanDecember 13, 2019

Family Immigration Immigration

New Health Insurance Requirements on Immigrant Visa Applicants

Starting on November 3, 2019, immigrant visa applicants at U.S. Consulates abroad must prove either that they will acquire approved health insurance within thirty days of their entry into the U.S. or that they have means to pay for reasonable…

Jenny ZhanOctober 18, 2019

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Family Immigration Immigration

I am a U.S. citizen, which members of my family can I sponsor for a green card? Who are my immediate relatives? Can my immediate relatives get a green card?

If you are a U.S. citizen, you can sponsor certain family members for a green card. There are two categories of family members you can sponsor: your immediate relatives and relatives you can sponsor through family preference categories. The benefit…

Jenny ZhanOctober 8, 2019

Immigration Immigration Law Changes & New Law

USCIS Provides New Definition for Residency for Citizenship Applications. Children of U.S. Government Employees and Military Stationed Overseas No Longer Considered Residents

If you are a U.S. citizen and your child was born outside the U.S., your child may acquire U.S. citizenship at birth. However, simply being born to a U.S. citizen parent is not enough for the child to get the…

Jenny ZhanAugust 28, 2019

Family Immigration Immigration

White House Issues Strict Enforcement of Sponsor Laws

The White House has issued a memo on May 23 ordering different government departments to enforce a decades-old law (Section 213A of the INA (8 U.S.C. 1183a)) that requires American who bring migrants into the country to take financial responsibility…

Jenny ZhanMay 30, 2019

Immigration

One McPassport with a Side Order of Fries to Go, Please!

In lighthearted and joyous news today, the U.S. Embassy in Vienna has announced on Facebook that the U.S. Ambassador to Austria, Trevor Traina, signed a McAgreement with the McDonald’s chain in Austria. The agreement stated that any American citizens in…

Jenny ZhanMay 28, 2019

Family Immigration Immigration

What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?

If you are a U.S. citizen or a green card holder, you can file form I-130 and sponsor certain family relatives for a green card. If you are a U.S. citizen and you want to sponsor your spouse, unmarried child…

Jenny ZhanMay 6, 2019

Does “Unmarried” Include Those Who are Divorced?

USCIS Reverts to 2008 Version of Naturalization Civics Test

How are the different U.S. territories treated for purposes of birthright citizenship? What is the difference between a U.S. national and a U.S. citizen?

I am a U.S. citizen who lives or works abroad for long periods of time. I am traveling to the U.S. temporarily and would like to bring my nanny. Can I do so?

I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen?

Do I need to pass an English language test to get a green card/U.S. citizenship? What about the civics test?

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

Potential options for noncitizens subject to permanent bar based on unlawful presence.

I am a U.S. citizen/green card holder and my family wants to come to the U.S. Can my family come visit me if they are subject to the travel ban to the U.S.?

My spouse applied for a Green Card for me, should I expect an interview?

I am a U.S. citizen and I married a foreign national. Can I sponsor my step child for a green card?

What are Some Disqualifying Factors for Citizenship? Can I Become a Citizen if I Committed a Crime?

What makes a noncitizen inadmissible or deportable?

Coronavirus Update: U.S. Embassies in Rome and Kingston Closed to Routine Services

My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?

What is derivation of citizenship? How can I derive citizenship through my parent(s)?

USCIS Issues Guidance on “Terms of Imprisonment or a Sentence” for Good Moral Character Determinations

I am a U.S. citizen and I want to sponsor my parents for a Green Card. What documents do I need to submit to USCIS to demonstrate the parental relationship?

USCIS Further Expands Guidance on Good Moral Character Requirement

New Health Insurance Requirements on Immigrant Visa Applicants

I am a U.S. citizen, which members of my family can I sponsor for a green card? Who are my immediate relatives? Can my immediate relatives get a green card?

USCIS Provides New Definition for Residency for Citizenship Applications. Children of U.S. Government Employees and Military Stationed Overseas No Longer Considered Residents

White House Issues Strict Enforcement of Sponsor Laws

One McPassport with a Side Order of Fries to Go, Please!

What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?

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