citizenship

Immigration

How past marijuana related convictions can affect Legal Permanent Residents of the United States

I am a Legal Permanent Resident living in the US for 10 years. Last year I was convicted of a marijuana related offense. Will this conviction affect my green card status? Marijuana is a controlled substance under federal law which…

Vojo VrchakovskiFebruary 11, 2021

Immigration

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanJanuary 13, 2021

Immigration

I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card?

In short, traveling to certain U.S. territories is, for purposes of U.S. immigration law, considered travel within the United States. Specifically, travel to Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands does not carry the risk…

Jenny ZhanJanuary 11, 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 News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 2020

COVID-19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

Immigration News

USCIS to Increase Application Fees

The Department of Homeland Security has announced new application fees that will take effect on October 2, 2020. This new announcement will increase the application fees for most application types. USCIS is a for profit agency that uses application fees…

Jenny ZhanAugust 10, 2020

Family Immigration Immigration

USCIS Resumes Naturalization Ceremonies

After halting all in person interviews and naturalization ceremonies for 3 months since March amid the coronavirus pandemic, USCIS has resumed naturalization ceremonies last week. Naturalization involves the filing of an application after the Legal Permanent Resident becomes eligible to…

Jenny ZhanJune 12, 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

Immigration

USCIS Announces US Service Members and Veterans can File for Naturalization Online

USCIS announced today that U.S. service members and veterans can now file for naturalization online. Naturalization is the process a legal permanent resident must go through to become a U.S. citizen. Although it is not necessary for permanent residents to…

Jenny ZhanMay 6, 2020

Approvals

Marriage Based Green Card Approval

Scott Legal, P.C. just had a green card approval for a petition based on marriage. The applicant completed the adjustment of status interview and the green card was approved a few days after the interview. A marriage based green card…

Jenny ZhanSeptember 10, 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

Immigration News

New Public Charge Rules Revealed: Higher Scrutiny for Immigrant and Nonimmigrant Applicants Receiving Certain Federal Public Benefits

The Department of Homeland Security has issued the final rule on public charge. Originally published in October 10, 2018, the new rules seek to change the definition of what immigration officers should consider when determining whether a green card applicant…

Jenny ZhanAugust 13, 2019

Family Immigration Immigration

USCIS No Longer Accepting Abandonment of Green Card Status at International Field Offices

A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family…

Jenny ZhanJune 20, 2019

Deportation & Humanitarian Immigration Immigration

House of Representatives Passes Relief Bill for Dreamers

On May 28, 2019, the House of Representatives passed H.R. 6, the American Dream and Promise Act. This Act would provide a path to permanent residence and citizenship for current recipients of Temporary Protected Status (TPS) and Deferred Action for…

Jenny ZhanJune 7, 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

I am a U.S. citizen and my child was born abroad. Is my child a U.S. citizen? What should I do after my child is born? Can my child get a U.S. passport?

Jenny ZhanApril 22, 2019

Family Immigration Immigration

My Green Card application is pending, and my EAD card and Advance parole are about to expire. Do I have to renew them? Do I have to pay for the renewals?

Let’s analyze the following scenario: You filed your Green Card application with the USCIS and you simultaneously applied for an Employment Authorization Document (“EAD”) card (Form I-765) and for an Advance parole (Form I-131), so that you are able to…

Jenny ZhanApril 17, 2019

Family Immigration Immigration

My immigrant visa was approved at the U.S. Consulate abroad: Will I be able to enter the U.S. when I do not have my green card yet? How long will it take to get my green card?

If your green card application (such as family based green card, employment green card, or green card through the diversity lottery) was approved at the U.S. Consulate abroad, your Green card will not be issued by the U.S. Consulate. Instead,…

Jenny ZhanApril 16, 2019

Family Immigration Immigration

What is the Citizenship Question on the 2020 Census?

On Tuesday, U.S. District Judge George Hazel began trial on lawsuits challenging the Trump administration’s addition of a citizenship question on the 2020 census. The census is a population count that happens every ten years. The results are used to…

Jenny ZhanJanuary 23, 2019

Immigration

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

Two requirements that you need to satisfy to become a U.S. citizen are continuous residence and physical presence. Even though these requirements may sound very similar, they are very different concepts, and it often happens that a person meets one…

Jenny ZhanJanuary 18, 2019

Family Immigration Immigration

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Let’s analyze the following scenario: Your uncle is a United States citizen and you want to immigrate to the United States. You cannot file form I-130, as nephews and nieces of a United States citizen are not one of the…

Jenny ZhanJanuary 16, 2019

Family Immigration Immigration

Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

If you were married or had children at the time your green card application was approved and your spouse or children did not apply for their green cards at that time, they may still be eligible for follow-to-join benefits to…

Jenny ZhanJanuary 16, 2019

Immigration Immigration Law Changes & New Law

Federal Judge Removes Military Roadblock for Immigrants

On Friday U.S. District Judge Jon Tigar blocked the Trump administration from enforcing a policy that treats non-citizens in the military as “second-class recruits” and prevented them from starting basic training. Judge Tigar found that the Trump administration failed to…

Jenny ZhanNovember 19, 2018

Family Immigration Immigration

How do I maintain my green card?

Although a Green Card is thought to be Permanent, there are a number of ways one could lose the permanent residency status. Here is an email that we send to our clients after they receive a green card that outlines…

Jenny ZhanNovember 12, 2018

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How past marijuana related convictions can affect Legal Permanent Residents of the United States

The Permanent Bar based on prior removal

I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card?

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?

Judge Blocks USCIS Application Fee Increase

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS to Increase Application Fees

USCIS Resumes Naturalization Ceremonies

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

USCIS Announces US Service Members and Veterans can File for Naturalization Online

Marriage Based Green Card Approval

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

New Public Charge Rules Revealed: Higher Scrutiny for Immigrant and Nonimmigrant Applicants Receiving Certain Federal Public Benefits

USCIS No Longer Accepting Abandonment of Green Card Status at International Field Offices

House of Representatives Passes Relief Bill for Dreamers

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

I am a U.S. citizen and my child was born abroad. Is my child a U.S. citizen? What should I do after my child is born? Can my child get a U.S. passport?

My Green Card application is pending, and my EAD card and Advance parole are about to expire. Do I have to renew them? Do I have to pay for the renewals?

My immigrant visa was approved at the U.S. Consulate abroad: Will I be able to enter the U.S. when I do not have my green card yet? How long will it take to get my green card?

What is the Citizenship Question on the 2020 Census?

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

Federal Judge Removes Military Roadblock for Immigrants

How do I maintain my green card?

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