Hundreds of thousands of people may be unable to complete the process to become American citizens in time for the November election due to the coronavirus pandemic. USCIS has been shut down since March 18 and is scheduled to remain closed until at least May 3. The agency has not provided a remote option for citizenship interviews or oath ceremonies.
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The U.S. is preparing to impose restrictions that will make it more difficult for pregnant women to travel to the U.S. on tourist visas. Though consular officers cannot ask whether a woman is or plans to become pregnant, applicants will be denied if consular officers determine they are traveling to the U.S. primarily to give birth. The restrictions are aimed at restricting “birth tourism” and take effect today, January 24.
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On December 12, a federal judge issued a nationwide injunction on the rule that ended fee exemptions for many poor immigrants seeking citizenship. The previous rule allowed a fee exemption for anyone on government aid or who could show financial hardship (such as medical expenses or unemployment). The blocked rule eliminated fee waivers for government benefits and allowed waivers only to those who could show hardship or who were making no more than 150% of the federal poverty guidelines, meaning that many poor immigrants would have to pay the $725 fee. The main reason for the injunction was that the Trump administration disregarded the law when it did not seek or consider public comment on the new rule.
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Naturalization application approved at interview with several public charge issues
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The BIA found the respondent removable, holding that it is not necessary to show his intent in order to establish that he is deportable for making a false representation of U.S. citizenship, and also because a Form N‑550 does not confer citizenship status if it is acquired unlawfully.
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The Department of Justice (DOJ) announced that a judge revoked the naturalized U.S. citizenship of Baljinder Singh and canceled his Certificate of Naturalization, reverting him to lawful permanent resident status and rendering him potentially subject to removal proceedings at DHS’s discretion. This case was the first denaturalization to result from the DHS initiative Operation Janus.
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The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.
Adquisition of U.S citizenship
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Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.
The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 