I just spoke with another person whose case was recently denied and he said “I should have hired an attorney to handle the case, I’m sorry I didn’t!  I thought it would be easy to fill out the forms online on my own and save money doing it myself.”  If I could have just a penny for every time I hear such a comment, I could have retired years ago.  More importantly, if I could have that person speak with potential clients I meet who say “how much? No I can fill out the forms myself, they are all online and they are simple. I’ll save myself all that money.”  Yes, the forms are all online.  The website makes it seem deceivingly easy to fill out the forms and file the case without assistance from an experienced immigration attorney like myself.  The instructions for the forms seem so simple, or are they?

As an experienced immigration attorney, I know not to rely on the form instructions alone.  I check the  law, regulations, the memos, the cases, and other sources in order to prepare cases properly before filing them with immigration.  The law is a living thing and it changes constantly.  I receive emails with updates on immigration law daily from various reliable and trustworthy sources.  I also attend continuing legal education seminars in new developments in immigration law.  All of which I use to keep myself abreast of the latest changes in the law that affect my clients.

As your immigration attorney, it is my job to know which forms to fill out and how to fill out the forms correctly.  It is my job to know what attachments to send with the forms.  It is my job to know what Citizenship and Immigration Services (CIS) expects to see in a properly prepared case.  All this knowledge takes time to accumulate, and I have spent the last 20+ years accumulating such knowledge, from which my clients benefit. In order to benefit from my experience, clients need to retain me, and yes, pay legal fees for my work.  In the long run, the cost of hiring an experienced immigration attorney may yield the results desired instead of a possible denial and extra costs of appeal, if appeal is even possible.

The next time you consider filing your own immigration case, ask yourself, “do I have the time to check all the possible resources available for the correct information to properly prepare my own case? Do I know where to find the reliable and trustworthy resources to use while preparing my case?  Do I know how to properly fill out the forms? Do I know what attachments to send to support my case?”  If you answer “no” to any of these questions, then I urge you do not file by yourself. Seek the help of an experienced immigration attorney like me, E. Audrey Glover-Dichter.

As an immigration attorney, I have the fortune of working with wealthy clients.  These clients have worked hard and made a lot of money, and now they would like to come to the USA to retire.  Unfortunately, the USA does not have a retiree visa as other countries do.  Although these wealthy individuals do not want to work anymore, they do look for good investment opportunities in the USA.

From an immigration law perspective, the best option for these wealthy individuals is to pursue the EB-5 Job Creation visa program.  Under the EB-5 program, the investor makes an investment of either $500,000 or a million dollars, depending if the business is in an economically depressed area.  Also, the investment must yield 10 jobs for American workers.

Foreign investors have the option of doing an EB-5 on their own by either opening a new business or purchasing an existing business, in which case they are responsible for creating the 10 jobs directly related to the investment.  Another option is doing the EB-5 through a regional center.  Currently there are about 196 approved regional centers throughout the USA that range from the hotel industry to energy.  A regional center is a business venture in which investors either receive an ownership interest, or receive a return on the investment loan to the business venture.  Also, by investing in a regional center, the investor is a passive investor instead of being the main investor running the business.  So, the investor does not need to work in the business venture.

Once the case is filed and it is approved, the investors and their families receive conditional residencies for two years.  Before the two years expire, the investors must apply to remove the condition on their residencies by showing that the investments were actually made and the 10 jobs were actually created.  Once the removal of the condition is approved, the investors and their families receive legal permanent residencies without restrictions.

The EB-5 program is probably one of the most legally complex visa programs available in the USA.  The EB-5 program, however, gives investors great flexibility as to how to invest their hard earned money in the USA without having to work, and achieve their permanent residency through such investments. Although there are plenty of regional centers from which to choose to do an EB-5, not all are peak performers.  My job as your immigration attorney is to help you, guide you, the investors, in the process to pursue the EB-5 visa based on the investors’ wishes and needs.  Some investors want to work, and some do not, and I help investors to achieve either.  I work with the investors every step of the way.  If you are ready to invest in the USA, please contact me at (954) 450-1563 or audrey@gloverdichter.com.

A couple of weeks ago I had the misfortune of going to the ER not once, but twice in one week.  As the pain subsided thankfully due to the pain medication, I looked around the ER to find a wonderful staff composed of foreigners.  I noticed foreign doctors and nurses working hard at crazy hours.  No matter how tired they may have been, the staff took great care of me.  I must say that I was impressed with the nurses’ ability as well.

According to the US Department of Labor (DOL), the US has been suffering a shortage of nurses since at least 1980.  In order to remedy the situation, DOL put the nursing profession among other professions suffering a shortage on the Schedule A list. Schedule A is a list compiled by DOL that shows the occupations in the US for which there is a shortage of US workers.  Thus, Schedule A shows that the US is not producing enough of its own workers to fill the need and demand in such occupations.  Given the need in such occupations like nurses, DOL streamlines petitions in such occupations in order to facilitate a quicker processing of foreign workers in such shortage areas like nursing.

Unfortunately, although DOL streamlines the processing of Schedule A occupations, immigration and the State Department do not.  Citizenship and Immigration Services (CIS) only streamlines certain cases and only if an additional $1,000 fee is paid for premium processing.  Not all types of applications are eligible for premium processing, and, when available, not all applicants can afford an extra $1,000 fee. Many nurse applicants come from very modest means and cannot afford premium processing.  So, unless the petitioners pay the extra fee, cases for nurses are processed by CIS as any other petition in that category, which could be a year and sometimes longer.

Once the petition is approved by CIS, the third step in the process is to apply for the immigrant visa itself though the US State Department (DOS) Consulates around the world.  Congress established different categories for employment based applications based on applicants’ skills and education.  Each category is allocated a certain amount of visas available to be distributed worldwide.  Unfortunately, most nursing programs in other countries are not four year college degree programs as are some in the US.  So, because the education level may not equate to a university degree in the US, the nurses that are so desperately needed in the US are placed in categories for lesser skilled workers.  The waits in that category to process the visa could be 5-10 years or longer, depending the country from which the nurses may be coming.

At one point, Congress authorized a short-term temporary visa program known as H-1C to bring foreign nurses into the US.  However, that program has sunset/expired.  There are other temporary working visas available, but since foreign nurses do not usually have the equivalent of a university degree and/or experience to qualify for such programs, such temporary visas are not available to the needed foreign nurses.  Among the many immigration bills being considered, Congress is considering bringing back the H-1C program, but with many more restrictions attached.

In conclusion, although DOL fastracks nurses due to the continuous shortage of US workers in that occupation, CIS and DOS do not.  If the US cannot produce enough nurses to meet the demand, then Congress needs to address the issue by allowing CIS and DOS to fastrack foreign qualified nurses to meet the demand in the US along with provide incentives for US workers to enter the occupation. As for me, I know I am not alone given how crowded the ER was when I had to go, I am grateful that there was such a capable medical and nursing staff to take care of me in my time of need, whether foreign or US produced. Hopefully Congress will bring back the H-1C program soon to alleviate the nurse shortage in the US. If you have any questions or comments, please feel free to contact me at (954) 450-1563 or audrey@gloverdichter.com.

I recently moved home and office at the same time.  The funny part of moving is that no matter how hard I tried to stay organized planned, and scheduled, the move took a life of its own.  I had to succumb to this life force that thrusted out of control.  I had planned to move in an organized fashion.  I figured if I moved the office first, then I could keep working while the home was being moved, at least it seemed like a great idea.  However, it turned out that everything happened all at once. Although this move was a good and happy occasion for our family, it has been nevertheless stressful.  I am sure that there are many out there who can relate.

Moving brought back so many memories for me.  I remember my move from Argentina back to the USA when I was around 10 years old.  Although I was born in the USA, I felt like a complete stranger in my own country.  I didn’t even speak English well enough to have a decent conversation.  The main reason why my family moved back to the USA was because of the political and economic turmoil in Argentina during the 70s, much like so many countries are experiencing around the world right now.  It is scary to see how the years go by, and there is still so much political and economic turmoil around the world.  So, I began thinking about my past, present and potential clients during the move.  I am stressed over moving just across town for various good reasons.  The stress of moving countries and having to leave friends, family and everything behind is so much harder; trust me, I know, I have been there.  Although I was truly not an immigrant, I sure felt like one.  All those memories and experiences allow me to understand my clients and bond with them.  Understanding and bonding with my clients is imperative to my work.  I work closely with each and every client to tell their individual stories to make their applications/petitions shine at Immigration.  Immigration law is not about simply filling out forms, but it is about getting Immigration to understand my clients, so it is obvious that they are human beings and not just another number to be adjudicated.

Creating and nurturing relationships is the main part of my law practice.  I have clients that call me years after their cases are finished for various reasons.  Recently I had an old client call me to get together, yes including all the kids, while she is in town.  I can’t wait to see her!  I have another friend who was a client twice.  This particular friend is so incredibly talented that when we bought our new house, I called her to help me decorate the house, and she did a fabulous job!  Another client recently called me because she needed help with the purchase of a new property. Of course, I referred her to another attorney since my practice is devoted to immigration law. A current client called last week to say she is expecting, I am so excited for her! All these clients are prime examples of the nurturing I provide my clients that outlasts their cases.

Yes, all moves are stressful regardless the reasons causing them.  Having an immigration attorney understand and bond with you, the client, while representing you during the immigration process is priceless.

My name is E. Audrey Glover-Dichter, and I am a solo practitioner.  Clients have a lot of options for legal representation.  There are firms of all sizes from solos like me, small firms with a few attorneys to the biggest firms in the country, even the world, with hundreds of attorneys at the clients’ disposal.  So, how does a client choose an attorney?  Well, the following are my suggestions for what to look for when you need an attorney.

The first and most important factor is whether the attorney accessible.  The size of the firm does not matter.  If you, the client, cannot reach the attorney you intend to hire, how will you reach the attorney after you hire him/her.  When you are shopping for an attorney, ask to speak to the attorney him/herself.  Personally, I am always happy to speak with all my clients, especially potential new clients.  My staff is trained to take detailed messages giving me the information I need to return phone calls personally, promptly and with the correct information the clients need. Thus, I  make myself more responsive and accessible to my clients by returning phone call within 48 business hours in English, Spanish or French, unless I am out of town.

Another important point to consider is who will be handling your case.  Every firm works differently, and has policies in place to hopefully meet all of their deadlines in a smooth fashion.  However, due to size and volume, or just out of convenience, many firms have most, if not all the legal work prepared by non-attorneys such as legal assistants, paralegals, secretaries, law clerks, etc.  That may work for some, but it does not work for me.  I actually like preparing the cases myself.  Doing the work myself gives me the opportunity to analyze all current and potential issues of the case, and be prepared throughout the case.  Yes, I have staff that helps me prepare the cases, but their involvement is minimal and it does not include doing the legal work. Also, by doing the work myself, I have the opportunity to work closely with my clients.  I cannot do the work alone, I need the clients’ help. Clients are the most important part of the case.  So, when you hire an attorney, ask who will be handling your file, and who will be actually doing the legal work in your case.  At Glover Dichter, PL, I handle the each case individually and personally.

Given that I have clients all over the world, e-mails are imperative.  E-mails are one of the best and inexpensive ways of being in constant contact with my clients.  My staff actually encourages my clients to contact me via e-mail when they call to give them the opportunity to contact me directly  with specific questions to which I can reply promptly.  Like most professionals, I walk around with my Blackberry.  So regardless where I am, I usually have access to e-mail, making me accessible to my clients. Because e-mails are so important, I reply to them within 48 business hours.

It is imperative that each case be prepared correctly.  Thus, my clients are integral part of their respective cases.  I work very closely with my clients constantly exchanging information during the preparation of the case.  When I think the case may be ready, I ask my clients to review the information provided in draft form for accuracy.  I welcome corrections and consider comments from my clients in order to improve the case.  Once my clients and I agree that the information provided in the paperwork is correct and cannot be further improved, then the case is finalized and filed.

So, what do you get when you choose Glover Dichter, PL as your immigration attorney?  You get my level service and promise that phone calls and e-mails will be returned within 48 business hours in English, Spanish or French, unless I am out of town.  You, the client, also get to work directly and closely with me on your case to help me put the case together properly. My clients review the paperwork before filing. Finally, my clients are treated with the utmost respect, caring and professionalism.  If you have any questions, please feel free to contact me at 954-450-1563 or audrey@gloverdichter.com.

As an immigration attorney, I hear this question often from clients who are pondering the question whether to naturalize or not.  The answer to the question is based on the long term goals of the person posing the question.  In general, however, if the client has the intent to stay and live in the USA permanently, then perhaps naturalizing is the right thing to do.

Naturalization is not for everyone though.  Some clients are hesitant to naturalize because of complicated tax issues, which I defer to tax experts.  Some clients may not be able to naturalize because they may not qualify. The law generally requires that the client be a legal permanent resident (LPR) of the USA for a minimum of 5 years, and have good moral character.  There seems to be a misconception that as long as the LPR spends six months in USA, that is enough time to maintain LPR status and to qualify for naturalization.  However, the purpose of having LPR is to actually live in the USA permanently. So, sometimes, when an LPR does spend six months or more outside the USA, his/her residency may become questionable.  This is even more the case when the LPR spends a year or more abroad consecutively.   Not every case is black and white in determining loss of LPR, particularly for naturalization purposes.  The law looks at the intent of the LPR and his/her actions towards that intent to determine maintenance of LPR status, especially for naturalization purposes.  Therefore, just because an LPR spends more than six months outside the USA, it does not mean that the person automatically looses LPR status.  Deeper analysis as to why the LPR has spent more than six months abroad determines whether LPR status has been lost and eligibility for naturalization.

The one exception to the 5-year rule is when an LPR received LPR status through marriage to a citizen of the USA.  If they are still legally married, then the LPR may be eligible to apply for naturalization once reaching 3 years of LPR status, assuming he/she qualifies.

Good moral character is a crucial part of any immigration case, particularly for naturalization.  The definition of good moral character in simple terms is a good citizen with no criminal record.  Having a criminal record may impede naturalization depending on what that criminal record is.  After 9/11, criminal records could lead to deportation/removal instead of naturalization.  It is imperative that the LPR consult with an immigration attorney before filing for naturalization to determine the risk due to the criminal record involved.

Why should I naturalize is another common question I hear often.  The basic answer is, an LPR whose whole life is in the USA and who intends to remain permanently in the USA, should consider naturalizing assuming he/she qualifies.  The benefits of naturalization are numerous.  Being a citizen of the USA allows the person to vote, which LPRs are not allowed to do.  Thus, voting gives new citizens a voice in the political process.  Another reason to naturalize is protection from deportation/removal.  The risk of deportation/removal always exists for an LPR no matter how long he/she has been in the USA should a criminal problem arise.  Once a citizen of the USA, deportation is usually not a threat if a criminal problem were to arise.  Of course, there are a few exceptions to this protection and this should never be the reason to naturalize. US Citizens enjoy accessibility to benefits not available to others. The greatest benefit to becoming a citizen of the USA is enjoying the freedoms and protections guaranteed by the US Constitution, such as freedom of religion and speech among other cherished  freedoms.

If you have any questions regarding naturalization or any other immigration issues, feel free to contact me at 954-450-1563 or audrey@gloverdichter.com.  I would be happy to discuss your case and guide you through the system.

Once my clients become legal permanent residents (LPR) or naturalized citizens, usually one of the first questions that follows is can I petition for ….  This article is dedicated to answering the ultimate question.  Depending on who is doing the petitioning, determines the category of the beneficiary and how long it will take to finish the process.

Legal permanent residents can petition for spouses, children under 21 years-old and unmarried sons or daughters 21 years old and older.  Spouses and children under 21 fall within the second preference category, which has been allocated a total of 114,200 visas per year worldwide.  Such visas are split between category 2A (which is for spouses and children under 21) at 77% allocation, and category 2B, unmarried sons and daughters over 21 at 23% allocation.  Once the petition is filed, the date Immigration receives the petition becomes the priority date.  The priority date is equivalent to the number one pulls at the deli counter for service.  Processing the petition usually takes anywhere from 9-18 months depending on the case.  However, finishing the process takes years depending on the category within which the beneficiary falls, 2A or 2B and from what country is the beneficiary immigrating.   The reason why it takes years to finish processing the residency is that beneficiaries must wait for their priority dates to become current.

So, how does the priority date become current?  The US State Department determines visa availability and processes visas accordingly.  The US Government’s fiscal year begins on October 1.  Thus, as of October 1 every year, all 114, 200 visas are available for all second preference categories.  Then the State Department allocates them by country month by month throughout the year.  As the year progresses and visas are processed, fewer visas become available and things slow down.  Also, usually no category moves more than a week or two per month.  Hence, the immense backlog.

The State Department publishes a monthly visa bulletin that shows the progress made per category.  For example, as of September 10, 2010, the October 2010 visa bulletin was available already, which showed cases with priority dates of April 1, 2010 are being processed.  So, for cases received by immigration on April 1, 2010 and already approved, then such beneficiaries can begin the process of applying for the legal permanent residency.  Any other beneficiaries after the date published in the visa bulletin must simply wait. One important note, however, is that if a son or daughter of an LPR over 21 does get married before finishing the process, the petition dies automatically.  The only way to save the case is if the petitioner becomes a US citizen before the son or daughter over 21 gets married, changing the category from son or daughter of a legal permanent resident to son or daughter of US citizen.  Then if the son or daughter gets married, the petition continues, but changes categories again, and has very long wait per the visa bulletin.

US citizens, whether naturalized or by birth, can petition for spouses, children under 21, sons and daughters over 21 married and unmarried, and siblings.  Spouses and unmarried children under 21 are immediate relatives and do not wait for priority dates at all.  However, unmarried sons/daughters 21 and over, married sons/daughters and siblings must wait for their priority dates to become current per the visa bulletin, and they each have separate categories.  The last category, and the one with possibly the longest wait per the visa bulletin is siblings of US citizens.

The above is just a quick overview as to who can petition for whom under the family categories.  Before proceeding with any petition, numerous other questions must be answered to determine the correct course of action.  Each case is different so it is vital to consult with an immigration attorney before filing any paperwork with immigration to assure the appropriate course of action is taken based on the individual clients’ situation.

Finally, yes, the forms are mostly on line now thanks to technology, but knowing how to fill them out correctly and what supporting documentation to send is the reason to work with an immigration attorney like me instead of taking chances and doing it incorrectly which leads to denials with bad consequences.  For further information on family petitions or any other immigration issue, please contact me, Audrey Glover-Dichter, Attorney at Law, at 954-450-1563 or Audrey@gloverdichter.com.

Investors have several immigration options in the USA.  Which option is best for the investor will depend on his/her long-term goals. Not every investor can actually afford to invest one million dollars or half a million dollars to achieve residency, and those who can, may not want to invest such sizeable amounts of money for immigration purposes.  Also, not every investor wants to live in the USA long term.  Some investors rather set up businesses in the USA for other family members who can benefit and run the business in the USA.  The following is a list of immigration options for investors to consider based on their financial abilities and long-term goals.

One of the most popular and well known immigration options available to investors is the EB-5 program, also known as the employment creation immigrant visa.  In 1990, Congress created this visa category by allocating 10,000 immigrant visas per year, from which 3,000 are allocated for investments in targeted employment areas and 3,000 are allocated to regional center investors.  The basic requirements to apply for the EB-5 immigrant visa are investing one million dollars and directly creating 10 jobs in the USA.  If the investment is made in an employment targeted area, which is a high unemployment area, then the law requires a minimal investment of half a million dollars and 10 jobs directly created.  Investing in a regional center requires a minimum one million dollar investment, but the 10 jobs created can be directly or indirectly created.  A successful petition yields a two-year conditional legal permanent residency in the USA.  Before the two-years are up, the investor must file a petition to remove the condition on the residency.  If the petition is approved, then the investor is given full legal permanent residency.  If the petition is denied, the investor looses his/her residency. If the investor does not petition to remove the condition, then the residency expires at the end of the two-year conditional period.

Another immigration option to consider is the Intracompany Transferee non-immigrant visa for executives and managers, also known as L-1A.  The L-1A allows business owners to come to the USA and establish new business offices, if they do not already have one here. In order to qualify for the L-1A, there must be a qualifying relationship between the USA company and the company abroad.  Also, the person being transferred must have worked abroad for a full year before being transferred to the USA as the L-1A executive or manager.  The L-1A gives the beneficiary a total of seven years in the USA as a non-immigrant, during which time the investor can decide whether to stay in the USA and process legal permanent residency, or decide not to stay in the USA permanently.  Most importantly, the law does not have specific requirements as to how much money must be invested in order for the petition to be approved, but it must be a financially viable business.

If the executive or manager is ready for full legal permanent residency in the USA, however, then instead of applying for the L-1A, the investor can apply for an employment-based category one immigrant visa through the business established in the USA.  The focus of this petition is the role of the manager or executive in the business abroad and in the USA.  Of course, the business in the USA must be financially viable even if the law does not specify how much money must be invested.  Should the petition be approved, the investor would be granted full legal permanent residency without conditions.

Another immigration option for investors to consider is the Treaty Trader E visa.  In order to apply for such a nonimmigrant visa, there must be a treaty between the USA and the investors’ country.  The E visa has no specific requirement as to how much money must be invested, but the regulations clearly require that the business must be properly funded and be financially viable.  The E visa is a nonimmigrant visa that is renewable, but the opportunity to jump from the E visa to legal permanent residency is limited.  The E visa does not provide options to pursue legal permanent residency because of its nonimmigrant nature.

There are a lot of details when pursuing any of the immigration options listed above for investors, and at Glover Dichter, PL we work closely with the client to address all the details.  Most importantly, at Glover Dichter, PL we guide investors to the appropriate visa based on the investors’ long term goals and financial ability to invest in the USA.

I have been practicing immigration and nationality law for nearly 20 years, and I find that most business owners do not know how I can help them.  Did you know that you must have every employee properly fill-out the correct version of I-9 Employment Eligibility Verification form upon hiring the person?  Did you know that you must verify the information on the form within three days?  Did you know that I-9 violations could lead to monetary fines and/or criminal investigations or prosecutions?  Are you asking legally allowed questions when interviewing prospective employees with regard to the person’s legal right to work in the USA?  Can you sponsor a foreigner to work in your business and what does that mean? Do you know what a resident card looks like?  Do you know what to do with a no match letter from the Social Security Administration (SSA)?

Unfortunately, I am shocked by the lack of knowledge about how immigration laws and regulations apply to and affect your businesses.  Also, I have found that business owners may be confused about their ability to hire foreigners to work in the US.  Of course, I can clarify such issues for business owners regardless of the size of the business.  It is the American way to hire the best employee possible to stay competitive in the market place, and if that person happens to be a foreigner, why limit the business’ potential for growth? So, it is always best to consult with me, the immigration attorney, to explore all immigration options available to legally hire such foreigners to work in your businesses.  Rest assured, however, that there are plenty of cautionary steps in immigration law that must be met to prevent the dislocation and/or undermining of the US labor force and wages, which I explain as we explore the immigration options available.  By the way, no business owner should ever ignore a no match letter from the Social Security Administration (SSA), as it is legal notice that particular employee may not be legally eligible to work in the USA.  However, precautions must be taken when you receive such no match letters since the SSA system is not fool proof.  So, employers are required to take certain steps to verify the information for the protection of the business and the foreign worker, which I can explain.

The USA is a giant melting pot, which is what makes us strong and competitive.  Turning foreigners away as employees simply to avoid immigration law issues may not be the best way to run a business. Most importantly, though, there are some immigration laws and regulations that cannot be avoided as they apply to every business. Also, when a business avoids hiring foreigners, it may face discrimination issues under immigration law and labor laws.  So, the next time you want to hire a foreign worker who is best qualified for the position, or you refuse to hire a foreigner, or you receive a no match letter from SSA, or you interview potential employees, or you do not know what an I-9 form is, call me and I will be happy to provide the necessary legal guidance for your business to comply with current immigration laws.  I can be reached at audrey@gloverdichter.com or 954-450-1563.

I often receive phone calls from prior clients and new clients saying they want to process their US citizenship.  Unfortunately, not all clients qualify for Citizenship services offered by the US Citizenship and Immigration Service (CIS), but most do qualify for naturalization.  So, what is the difference?  Both processes yield US citizenship, but the requirements are different.

Naturalization is the process by which US Legal Permanent Residents (LPR) may apply after a certain period of time to become a US citizen.  The regulations require that the LPR be physically in the USA, have knowledge of US history, know English, and be a person of good moral character (no crimes).  Once a naturalization application is processed, the applicant is interviewed in English by a CIS officer.  During the interview, the LPR is given a civics test to show his/her knowledge of American History.  Assuming all goes, well, naturalization is granted and the LPR becomes a naturalized US citizen.

Citizenship is reserved for children born to a US citizen parent abroad.  Once the child is born, the US citizen parent reports the birth to the nearest US Consulate to process the child’s US citizenship.  In order for citizenship to be bestowed on the child, the US citizen parent must have lived in the US for a period of five (5) years, two of which were after the US citizen turned 14 years old. If both parents are US citizens, then if one of the US citizen parents had a residence in the US prior to the birth of the child, the child may be given US Citizenship upon birth. If the Child is born in the outlying possessions of the US of US citizen parents, then the child can claim US citizenship as long as the US citizen parent lived in the US at least one year prior to the child’s birth.

A child born to a US naturalized citizen may also claim US citizenship if that child is a LPR, residing in the US,  the child was under 18 years old at the time the parent became a naturalized citizen, and is in the legal custody of the US naturalized citizen parent.  Children born out of wedlock may also claim US citizenship through a US citizen parent.  The requirements, however, are different for US citizen mothers and fathers for children out of wedlock.  Children may under certain circumstances also claim US citizenship based on a parent’s US citizenship posthumusly as well.  Claiming such citizenship is complicated and CIS may require DNA testing for proof of relationship.

Citizenship is also reserved for adopted children. The rules differ for adoptions of children from Hague Convention Countries and non Hague Convention Countries.  Also, the rules differ significantly as to when US citizenship vests upon child if the child is living abroad versus a child living in the USA.  In any adoption case, however, the adoption must be final before the child’s 18th birthday in order to acquire US citizenship through adoption by a US citizen parent.  The rules for Citizenship for adopted children are complicated.  So US citizen parents adopting children are urged to please consult with an immigration attorney before, during, and after the adoption to make sure the process is done correctly for immigration purposes.

In conclusion, although the naturalization and citizenship processes are quite different, they both yield US citizenship.  If you know someone who could potentially qualify for US citizenship via either process, please have them contact me to determine that person’s best options under immigration law. I can be reached at 954-450-1563 or audrey@gloverdichter.com.