Citizenship
DOJ and USCIS Joint Effort to Target Inadmissible Subjects Secures First Denaturalization
Last week, a federal judge removed US citizenship from a native of India who was pinpointed in a special investigation targeting inadmissible subjects, Operation Janus. The Justice Department and USCIS continue to assist with the Department of Homeland Security initiative to address naturalization cases with incomplete identification records known as the Operation Targeting Groups of…
Read MoreOIG Criticizes the USCIS Electronic Immigration System (ELIS)
In a report published last week by the Department of Homeland Security’s Office of Inspector General (OIG), the Inspector General provided recommendations to improve the “unsuccessful” automation of naturalization benefits delivery through Electronic Immigration System. Earlier this year, the Department of Homeland Security urged USCIS to suspend all online applications for naturalization through ELIS due…
Read MoreTSA to Enforce Real-ID Standards
If you have traveled domestically in recent months, you probably noticed signs posted by the Transportation and Security Agency (TSA). The posting notifies passengers of new regulations for acceptable state identification requirements for travel within the US. Due to the REAL-ID Act (2005), TSA security agents will no longer accept IDs, or driver’s licenses from…
Read MoreAvoiding USCIS Scams
Around the world, foreign nationals are being targeted by immigration scams. The threat is so prevalent and expansive that the www.uscis.gov reserves an entire section of the website for immigration scam protection and prevention. USCIS requires monetary payments from visa applicants for a variety of filing fees and other expenses. Those who are awaiting decisions…
Read MoreUnderstanding Your Status: Lawful Status, Period of Authorized Stay, & Lawful Presence
A foreign national’s legal status at the time of a change, extension, or adjustment of status can influence the outcome of an immigration matter. An error in maintaining legal status may prevent the foreign national from receiving the desired immigration benefits. It is important to understand your current legal status and how it may determine…
Read MoreFOIA Request to Resolve Immigration Issues
The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S.…
Read MoreCitizenship for Foreign Born Children of U.S. Citizen(s)
Children born abroad to U.S. citizens are not automatically entitled to citizenship. If a child is born abroad, the legal citizenship status of one or both of their genetic parents determines the child’s entitlement for U.S. citizenship. Additionally, whether or not the child’s parents were married at the time of the child’s birth impacts the…
Read MoreSupreme Court Rules Citizenship Cannot be Rescinded Due to False Statements
Can a naturalized citizen have her citizenship revoked for making an immaterial false statement in her naturalization application? On June 22, 2017 the Supreme Court in Maslenjak v. United States decided that to rescind one’s citizenship due to false statement made during the immigration process, the statement has to be material. In other words, “the…
Read MoreExpedited Naturalization for Spouses of U.S. Citizens Working Abroad
A spouse of a U.S. citizen must meet certain requirements in order to be eligible for naturalization, including residing in the U.S. for at least three years, be physically present for half of that time, and not be abroad for more than six months at a time. The exception to these requirements is Section 319(b)…
Read MoreChildren of Naturalized U.S. Citizens (Derivative Citizenship)
In order to be eligible to apply for citizenship, an individual must be at least 18 years. What, then, happens to children under 18 years? Since their age (being under 18) disqualifies them to apply for citizenship, in many cases minor children who are lawful permanent residents automatically become citizens when either one of their…
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