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Is the child of a non-US surrogate an American citizen?
The State Department recently released a major policy clarification related to international adoption and citizenship. According to the release, the State Department will now approve US citizenship to children born in other countries via surrogacy or in vitro fertilization.
The clarification represents a major change in policy stance under the Biden Administration. According to NPR, previously the government considered a child born outside of the US to a surrogate to be “out of wedlock” even if the American parents held married status.
Mounting lawsuits
Over the past few years, the government has fielded several lawsuits on this issue, particularly from same-sex parents who rely on surrogacy or in vitro fertilization to reproduce. There were two major cases that the Trump Administration lost regarding this.
Beware of the dangers of a false claim of U.S. citizenship
If you have a relative who wants to immigrate to the U.S., you may be ready to file a family-based immigrant visa petition. This may be especially true if your loved one is your spouse or fiancé, as you may not have to wait for a visa number to become available.
Unfortunately, intending immigrants are sometimes inadmissible. This means even if the individual otherwise qualifies to immigrate, he or she is legally unable to do so. While some grounds of inadmissibility are waivable, a false claim of U.S. citizenship typically is not.
What is a false claim of U.S. citizenship?
Simply telling a friend or acquaintance that a person is a U.S. citizen probably does not meet the definition of a false claim to U.S. citizenship. For a claim to qualify, the person must claim to be a citizen for purposes of obtaining an immigration-related benefit or another benefit under state or federal law.
How do I remove conditions on my Green Card?
In the event that you are a non-US citizen married to a US citizen, your initial Green Card will have conditions on it. This essentially means that the Green Card is only valid for a period of two years. Once this two-year period is over, you will need to apply to the US government in order to have the conditions removed.
Once the US government removes the conditions on your Green Card, you are a full permanent resident. According to US Citizen and Immigration Services, you can remove conditions by either filing jointly with your spouse or filing alone under certain conditions.
Filing jointly
This is the more traditional method of the two. Assuming 2 years have passed in your marriage and everything is going well, you merely need to file form I-751 with your spouse. Essentially, this proves to the US government that you did indeed enter the marriage in good faith, rather than simply trying to get a Green Card. Once you do this, the US government will remove the conditions.
Why is good moral character important to citizenship?
Being someone of good moral character is one of the requirements for citizenship in the United States. Knowing what this means can help you prepare for the naturalization process.
Having moral attributes can benefit your life in many ways. You may be more successful at maintaining meaningful relationships, winning the trust of others and establishing credibility in your personal and professional interactions.
Courage and loyalty
Courage means you willingly step outside of your comfort zone to do something that causes angst and uncertainty. You can show courage when you stand up for someone else or when you use your voice to promote an idea that others may disagree with. Another characteristic of good moral character is loyalty. You can show loyalty when you commit to something and make sacrifices to protect what you value.
According to the U.S. Citizenship and Immigration Services, you need to show proof of your understanding and compliance with good moral standards prior to naturalization. Officials could look back as far as five years to determine that your conduct meets the requirements for naturalization and citizenship.
Can you extend a K-1 visa?
If you are currently engaged to a foreign fiance(e), you could have a number of options when it comes to your marriage and immigration. For example, if you want to bring them to the U.S. in order to get married in the states, you should look into the K-1 visa for fiance(e)s of U.S. citizens.
There are various factors to review with respect to K-1 visas. For example, you need to go over different requirements and recognize that there are time limits in place. After your fiance(e) comes to the U.S., you must marry within 90 days in order for them to continue living in the country.
Do K-1 visas expire?
According to the U.S. Citizenship and Immigration Services, K-1 visas expire after 90 days. If you marry your fiance(e) within this timeframe, they can apply for a green card in order to continue living in the U.S. However, if you fail to get married within 90 days, the K-1 visa expires and your fiance(e) will likely need to leave the country.
What are the pros and cons of dual citizenship?
Your initial goal when coming to texas from your country of origin may not have been to become a naturalized U.S. citizen. However, if you subsequently set that goal, one question then looms large: what to do about your citizenship in your home country?
Renouncing your citizenship is not a requirement in order to become a U.S. citizen. That said, there certainly are advantages and disadvantages to having dual citizenship. You should weigh what those are before committing to a decision one way or the other.
Advantages to dual nationality
The most obvious benefit to having dual citizenship is the ease in traveling back and forth between the U.S. and your country of origin. You do not need to apply for a visa with every trip (however, according to the U.S. Bureau of Consular Affairs, you must have a passport to enter and leave the country). This may be especially advantageous if members of your family remain in your country of origin. You can also own either commercial or residential property in either country. You also retain voting rights in both countries, allowing you to have a voice in the creation of local policy.
What is the 90 day rule?
The majority of visas that the United States offers on a temporary basis are “single intent” visas. This means that the individual who is applying for this visa has non-immigrant intent. Essentially, the individual applies for a single intent visa for a single purpose, such as tourism or study. Once this purpose ends, the single intent visa assumes the individual plans to leave the United States.
However, things do not always work out this smoothly. For instance, it is possible for an individual to enter the United States on a study visa and decide to marry an American citizen. Whether or not these individuals can change their mind on single-intent visas and marry their American partners depends on the 90-day rule.
What is the 90 day rule?
The confusing part about the 90-day rule is that it is not a hard-and-fast law. The gist of the 90-day rule is that if a temporary visa holder of any sort tries to marry an American citizen or apply for a Green Card within the first 90 days of arriving in the United States, US Citizenship and Immigration Services (USCIS) assume that the individual entered the US under fraudulent terms. In other words, USCIS will assume the individual lied in order to obtain a visa.
Could I lose permanent residency by leaving the U.S.?
If you hold a green card, you have the right to remain in the United States as a permanent resident. To continue your stay in the United States, you should be aware of any actions that might cause you to lose your residency status, such as leaving the U.S. and staying abroad for too long.
You may only want to take a temporary trip abroad and have no intention of moving to another country. However, the U.S. government may believe otherwise if you stay out of the country for too long. Fortunately, the U.S. Citizenship and Immigration Services websiteoffers some tipsthat might benefit you if you ever need to explain to USCIS why you had taken a trip out of the United States.
What is the proposed U.S. Citizenship Act?
You may have heard about the Biden administration’s proposed U.S. Citizenship Act. Currently in the House and the Senate for review, this proposal will create a path to citizenship for 11 million immigrants who lived in the United States before January 1, 2021.
Review thecurrent terms of the Citizenship Actand explore how its passage may affect you and your family.
Legalization pathways
Undocumented individuals who arrived in the U.S. prior to January 1, 2021 would be able to apply to permanently live and work here. Applicants must pass background checks and pay outstanding taxes.
What are the requirements to receive a fiancé visa?
If you are a citizen of the United States and you are engaged to someone in a different country, you may wonder what options are available to your fiancé to come to the U.S. to begin your life together.
In these instances, it may be best for your beloved to apply for a fiancé visa. There are certain requirements that must exist, however, to qualify for this type of visa.
The fiancé visa
According to FindLaw experts,a fiancé visa, also known as the K-1 visa, allows your fiancé to legally immigrate to the U.S. While the visa itself does not grant him or her citizenship, your fiancé may apply to become a citizen following your marriage.
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