• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

(DOS) annual report of immigrant visa applications

Department of State (DOS)  annual report of  immigrant visa applications in the family-sponsored and employment-based preferences registered at the National Visa Center (NVC).

(DOS) Visa Bulletin for December 2010

Department of State (DOS) Visa Bulletin for December 2010. Section E addresses retrogression of Philippines family cut-off dates. Section F addresses visa availability in coming months.

How a Certified Specialist in Immigration Law can help you?

How a Certified Specialist in Immigration Law can help you – Avvo.com http://ping.fm/iM2Rv

How the Policy Review will change USCIS policy

A USCIS news release and Q&As on the agency-wide Policy Review including the first 10 issue areas for review, public survey results and how the Policy Review will change USCIS policy. The issue areas include H-1Bs, family-based adjustment of status, Form I-601 and more.

EB-5 Holder petition to Remove LPR Status Conditions is denied through AAO

AAO affirmed denial, finding that petitioner failed to execute plan presented in support of Form 1-526 petition by switching to a project not reviewed by USCIS and financing different expenses with the original project than those projected in the original business plan.

Marriage based visa denial procedure

A seminar will begin this month to assist clients on how to proceed when a denial is issued a seminar will be provided. This seminar will discuss concrete strategies and advice on how to proceed when your marriage-based or fiancé(e) visa application is denied at the consulate. Registration is open until 11:59pm, Monday, February 7.

What is Child Citizenship Act of 2000?

On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law permits foreign-born children—including adopted children —to acquire citizenship automatically if they meet certain requirements. It becomes effective on February 27, 2001. This is citizenship immigration, not naturalization.

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law and must also meet the following requirements:

  • The child has at least one United States citizen parent (by birth or naturalization);
  • The child is under 18 years of age;
  • The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
  • The child is a lawful permanent resident;
  • An adopted child meets the requirements applicable to adopted children under immigration law; and
  • Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.

Is the Law Retroactive? Is Automatic Citizenship Provided for Those Who Are 18 Years of Age or Older?

No. The new law is not retroactive. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under this law, even if they meet all other criteria. If they choose to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Will Eligible Children Automatically Receive Proof of Citizenship—Such As Citizenship Certificates and Passports?

No. Proof of citizenship will not be automatically issued to eligible children. However, if proof of citizenship is desired, beginning February 27, 2001, parents of children who meet the conditions of the new law may apply for a certificate of citizenship for their child with INS and/or for a passport for their child with the Department of State.

What Will INS Do With Currently Pending Applications for Certificates of Citizenship?

For pending applications filed to recognize citizenship status already acquired, INS will continue to adjudicate such applications under the relevant law applicable to the case. For applications that required INS approval before an individual could be deemed a U.S. citizen, INS will adjudicate those cases under current law until February 27, 2001. On February 27, 2001, INS will adjudicate those cases under the new law and for applicants who automatically acquire citizenship as of the effective date, INS will issue certificates of citizenship reflecting the person’s citizenship as of that date.

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law3, and must also meet the following requirements:

  • The child has at least one U.S. citizen parent (by birth or naturalization);
  • The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14—or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
  • The child is under 18 years of age;
  • The child is residing outside the United States in the legal and physical custody of the United States citizen parent;
  • The child is temporarily present in the United States—having entered the United States lawfully and maintaining lawful status in the United States;
  • An adopted child meets the requirements applicable to adopted children under immigration law; and
  • If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, INS may waive the oath requirement.
%d bloggers like this: