26 Sep 2019

Policy Change Impacts Citizenship of Certain Children Born Outside the U.S.

The U.S. Citizenship and Immigration Services (USCIS) has released policy guidance, effective October 29, 2019, modifying certain residency requirements for obtaining U.S. citizenship. Notably, this policy impacts children born abroad to U.S. government employees and U.S. armed forces members. Under the new policy guidance, "children...

19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

12 Sep 2019

I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?

Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...

29 Aug 2019

My son and I became green card holders nearly 5 years ago. I am about to apply for U.S. citizenship. Do I need to file a separate application for my son?

Answer Generally speaking, children under 18 automatically acquire U.S. citizenship if three requirements are met: (1) The child must have U.S. lawful permanent resident status (“green card” holder); (2) at least one parent must be a U.S. citizen by birth or naturalization; and (3) the child...

21 Aug 2019

I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?

Answer Ordinarily, if an application to change status is denied, this would not impact one's existing F-2 status. (21.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...