Frequently Asked Questions

CCA-Will USCIS automatically provide me with documentation of my child's

At the present time, USCIS is not able to automatically provide biological parents with documentation of their child's citizenship. USCIS will continue to implement programs that streamline processes to more rapidly issue Certificates of Citizenship to qualifying children.

Child Citizenship Act     Child Citizenship Act FAQs 

I Plan to Get Married. What I Can Do Before Marriage to Help The Green Card Visa Process?

Generally before you become married, you are not able to file any marriage-based petitions except for the K-1 fiancé visa petition. However, we advise most of our clients to start as soon as possible to obtain documents that are likely to be needed from a foreign country. Some of these documents are typically difficult and time consuming to procure, especially foreign birth certificates or registrations.

For those aliens whose births were not registered, or whose birth registration is lost, special procedures are necessary to obtain the affidavits and substitute documentation from the foreign local government that may satisfy the requirement. In addition, all documents in a foreign language must be provided along with certified translations. Those planning to submit marriage based visa petitions may make the process faster if they obtain foreign documents with certified translations ahead of time. Such will typically include birth certificates or registrations, divorce decrees, adoption records, school records, marriage certificates and such.

What are the qualifications for Citizenship/Naturalization?

To qualify for U.S. citizenship, an applicant must: have been a U.S. permanent resident  for 5 years (3 years if applying based on marriage to a U.S. citizen), be a person of good moral character, be 18 years of age, meet the physical residence requirements for citizenship, pass the literacy, U.S. history and government tests.

Citizenship/Naturalization-USCIS Addresses Workload, Backlogs and Delays in Process and Interviews

An April 25, 2008 Memorandum issued by the USCIS responds to the surge in N-400 citizenship and naturalization applications as well as the lengthy delays in processing applications already filed and pending. The memo also addresses the lengthy delays and wait for citizenship/naturalization interviews.

The USCIS will hire and train several hundred adjudicators. In addition, the USCIS has installed new processes and implemented changes to the existing processes in the following areas:

• Citizenship/Naturalization Interview - Pre-examination Check-in
• Citizenship/Naturalization Interview - Testing
• Citizenship/Naturalization Interview - Applicant Interview
• Citizenship/Naturalization Interview - Post-examination Process

In addition, citizenship/naturalization applications and interviews must now be conducted and approved by a designated examiner. [Read the entire USCIS Citizenship/Naturalization Application Changes]

USCIS Announces Changes to I-751 Petitions to Remove Conditions On Marriage Visas

USCIS plans to revise the filing instructions for the I-751 Petition to Remove Conditions on Residence. This will affect marriage-based green card visa petitions where the alien was granted 2-year conditional residence. Such aliens must petition to remove the conditions prior ro the expiration of the 2-year period. [Read The Entire I-751 Petition Changes]

What is the difference between a resident alien and a nonresident alien for tax purposes?

For tax purposes, an alien is an individual who is not a U.S. citizen. Aliens are classified as resident aliens and nonresident aliens. Resident aliens are taxed on their worldwide income, the same as U.S. citizens. Nonresident aliens are taxed only on their U.S. source income.

I Am Married. What is Faster, the K-3 Spousal Visa or the Marriage Green Card?

The K-3 visa petition generally permits those married to US citizens to enter the US faster than if they had to wait for the entire green card process to be completed before entering. Note however, that upon entry with the K-3 visa, the spouse of the US citizen must still complete the green card process in the US. See Faqs for K-1 fiance/K-3 Visas.

CCA-Is automatic citizenship provided for those who are 18 years of age or older?

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

Child Citizenship Act     Child Citizenship Act FAQs

Citizenship/Naturalization Application Delays - USCIS Memo Cites Reduction in Backlogs

An August 11, 2008 memorandum by the USCIS updates the citizenship/naturalization processing times and provides a status report on USCIS attempts to reduce the processing delays and backlogs that have haunted the citizenship/naturalization application process.

This USCIS memorandum discusses the surge in naturalization applications, its aggressive hiring plans and expanded work hours in an attempt to reduce the application backlogs and delays. The memo also provides citizenship/naturalization application statistics and processing times by the different USCIS offices as of September 2008. [Citizenship/Naturalization Application Delays - USCIS Memo Cites Reduction in Backlogs].

Guidelines to Reschedule An Immigration Visa Interview And Handling A Missed Visa Interview

Aliens who have appointments for visa interviews are generally expected to appear for the interview with their sponsors. This is especially important for green card interviews sponsored through marriage or other family member whose presence is typically required to prove a bona fide relationship. USCIS provides guidance on how to reschedule an immigration visa interview under certain circumstances. It also provides guidance handling situations where the applicant, petitioner, sponsor or beneficiary failed to appear for an Scheduled USCIS interview. [Read Guidance on a missed or rescheduled interviews..]

What is the difference between the taxation of income that is effectively connected with a trade or business in the United States and income that is not effectively connected with a trade or business in the United States?

The difference between these two categories is that effectively connected income, after allowable deductions, is taxed at graduated rates. These are the same rates that apply to U.S. citizens and residents. Income that is not effectively connected is taxed at a flat 30% (or lower treaty) rate

I Married an Abusive Spouse Who Refuses to Sign My Marriage Green Card Visa Papers. Can I Apply under VAWA?

Victims of spousal abuse, assault and/or battery may be able to self-sponsor for a green card. Where an abusive US citizen spouse refuses to support an application, the alien may be able to file the petition on his or her own behalf under the provisions of the Violence Against Women Act (VAWA). The application may be approved with or without the support of the abusive spouse. To qualify for self-sponsorship under VAWA, applicants must show the following:

• He/she is a spouse of a US citizen or Legal Permanent Resident (LPR);
• Entered into a good faith marriage;
• Has resided with US citizen or LPR;
• Has good moral character;
• Was battered or subjected to extreme mental cruelty by spouse OR is the parent of a child abused by USC or LPR spouse; and
• Has credible evidence to prove the items above.

Petitions under VAWA are filed using the Form I-360 at the Vermont Service Center and may also be filed by those who may have entered without inspection (EWIs), illegal aliens and those in removal or deportation proceedings.

CCA-What documentation can I get of my child's citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child's citizenship by applying for a Certificate of Citizenship. You will need to file an Application for Certificate of Citizenship to the USCIS. You can also apply for a U.S. Passport from the Department of State.

 

Child Citizenship Act     Child Citizenship Act FAQs 

Naturalization/Citizenship By Military Service - USCIS Update

The USCIS issued an updated memorandum on April 14, 2008 regarding naturalization/Citizenship through military service. The provides a good avenue for those who served or are serving in any of the following branches of the military: Army, Navy, Air Force, Marine Corps, Coast Guard and certain reserve components of the National Guard of the Ready Reserve. Read USCIS Fact Sheet..

Marriage Green Card Visas - Battered Spouses May File Without Abusive Spouse’s Support

The USCIS has issued a memorandum providing guidance for approving I-130/I-485 petitions submitted by aliens married to or in an abusive relationship with their U.S. citizen spouses. This April 21, 2008 memorandum explains that the Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status on their own. In addition, victims of abuse may submit an I-360 petition for a special immigrant visa status. It also explains that such petitions may be approved even where the alien entered the U.S. without inspection. It essentially permits illegal aliens who are in such relationships to self-sponsor without relying on Section 245(I). It also explains the steps to take where a petition was previously denied because of illegal entry. [Read The Entire Marriage Visa Guidance For Self-Sponsorship]

I am a student with an F-1 Visa. I was told that I was an exempt individual. Does this mean I am exempt from paying U.S. tax?

The term "exempt individual" does not refer to someone exempt from U.S. tax. You were referred to as an exempt individual because as a student temporarily in the United States on an F Visa, you do not have to count the days you were present in the United States as a student during the first 5 years in determining if you are a resident alien under the substantial presence test.

I Married an Illegal Alien, Can My Spouse Get a US Marriage Green Card Visa?

Illegal aliens may seek adjustment of status under section 245i if they qualify. Also, provisions of VAWA may permit those spouses that have been subjected to abuse to self-sponsor a VAWA adjustment of status application while in the US. Finally, illegal aliens married to US citizens may apply for a hardship waiver at the US embassy of their native country. Visit our Married to Illegal Aliens page for more information on the waiver for illegal aliens married to US citizens.

CCA-Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child's citizenship status is no longer dependent on USCIS approving a naturalization application.

Child Citizenship Act     Child Citizenship Act FAQs 

Class Action Settlement To End Naturalization And Adjustment Of Status Delays

USCIS and Counsel for class members in the class action complaint of Kaplan v. Chertoff, 06-5305 (E.D. PA) reached a settlement on the lawsuit regarding the various delays and backlogs associated with citizenship/naturalization and adjustment of status applications. Under the settlement, class members that have had an application pending for more than six months are permitted to request expedite processing of their petitions.

The USCIS and FBI are also directed to request priority processing of any pending or future security checks. Under the agreement, the social security administration is to identify and contact individuals whose benefits were terminated and those at risk of termination while waiting for a stalled naturalization application. [Class Action Settlement To End Naturalization And Adjustment Of Status Delays].

Marriage Visas/Green Cards - Illegal Aliens May Self-Sponsor Under VAWA

The USCIS issued a memorandum on April 11, 2008 clarifying that aliens who entered illegally or without inspection (EWI) may still apply for a green card under VAWA if married to a US citizen. This announcement makes it possible for those married are subject to spousal abuse to sponsor themselves for a green card whether or not they entered illegally, without inspection or have overstayed their visa. [Read entire memorandum].