Section 319(d) of the Immigration and Nationality Act, “INA” allows for the surviving spouse, child or parent of a deceased U.S. Citizen military service member who died during a period of his honorable service.
Khadija DerrickNovember 21, 2022
A Legal Permanent Resident “LPR” who is married to a U.S. service member can naturalize outside the United States if he meets the requirements pursuant to section 319(e)(2) of the Immigration and Nationality Act, “INA.”
Khadija DerrickNovember 15, 2022
Applicants for Naturalization based on military service can be permanently barred based on being discharged or exempted from military service based on the applicant being a noncitizen of the United States.
Khadija DerrickNovember 14, 2022
This is a special provision for U.S. military service members to become eligible for citizenship based on military service during peacetime pursuant to Section 328 of the Immigration and Nationality Act, “INA”.
Khadija DerrickNovember 14, 2022
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…
Marijan PetrovskiFebruary 11, 2021
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 ZhanApril 22, 2019
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
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
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
