US Citizenship of Children Born Outside of the US

US citizenship and naturalization provisions allow individuals who are not born in the US become citizens through either judicial ceremony (when the court administers the “oath of allegiance”) or through administrative ceremony (when USCIS administers the “oath of allegiance”).

A child may receive “Citizenship” after the oath of her parents, even if she has not applied for citizenship.

A child under definition of USCIS is an unmarried person of under 18 years of age who is genetic, legitimated or adopted son or daughter of US citizen parents or the son or daughter of none-genetic gestational US citizen mother.

A child born in the United, who is subject to the jurisdiction of the United States is a US citizen at birth. A child born in a US Military base abroad is a US citizen at birth.

A child who is born to at least one US citizen parent may be a citizen at birth if parents make physical and residency requirements prior to the birth.

Under INA 301 or INA 309, a nongenetic child born outside of US to a US citizen surrogate, mother is a US citizen, if she is recognized as legal parent by the relevant jurisdiction and if she is otherwise qualified as to all other applicable requirements.

A consulate officer may determine such citizenship at birth by following the guidelines of the applicable statutory provisions and conditions.

A child born out of wedlock, is a US citizen at birth if at the time of birth, both parents are US citizens and at least one parent resided in the US.

A child born to parents US citizen and US national is a US citizen, if the citizen parent had an at least one year of continuous residency in the US or one of US territories (outlying possessions).

A child born outside of the United States and its territories acquires citizenship at birth if at the time of birth:

• One parent is a U.S. citizen and the other parent is a U.S. national; and
• The U.S. citizen parent was physically present in the United States or one of its outlying possessions for a continuous period of at least one year.

A child born to a US citizen parent and an alien parent is a US citizen if citizen parents had at least 5 year US residency, 2 of which was after citizen parents being 14 years of age.

Time abroad physical present is considered time inside US , if the presence is on any of US military bases, or while employed by US qualified organizations or time spent as dependent unmarried of such person.

Child born outside of the US to a US citizen mother and alien father, is a US citizen if mother resided in the US prior to the birth.

Child born to a US citizen father abroad and out of wedlock must follow multiple requirements to be a US citizen at birth, including financial agreements between mother and father dated before the child is 18 and established paternity test by the court order or father’s written testimony that this is his child.

Child born to a US citizen mother abroad and out of wedlock mother must have only one year continuous residency in the US prior to the birth if child is born before June 12, 2017, but for the children born after June 12, 2017 mothers must have 5 continuous years of US residency , two of which is after mother being 14 years of age.

The qualified child and through parents applies to receive “certificate of citizenship” at the US consulate abroad and interviews are generally waived for a child under 14 years of age.

This is a legal blog. It is not intended to be used as legal advice.
This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).
Website: http://www.bestlawyerusa.com
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000
Newport Beach CA 92660

Asylum, Asking American Government for Protection under President Trump’s Policies

In regard to asylum laws, President Trump wants to change the policies and proposes as follow:

1)Social Group: He proposes Narrowing the particular social group guidelines

2)Political Group: He imposes restrictions and demands higher standards

3)Persecution: He demands to show sever level of harm

4)Gender Persecution: He demands to exclude gender from eligible persecution criteria

5)Encourages Discretionary Denial based on:
1-Unlawful entry to the US
2-Failure to file taxes
3-Failure to seek asylum in other countries if previous entries made
4-Unlawful presence of more than one year before asylum request is filed

Asylum seekers have always been one of the main immigrant classes since America has become a country.

Contrary to what is being portrayed, asylum seekers are not just products of mercy of a country on a protected class.

Many asylum seekers have become highly educated, honest and hardworking Americans. They have been great citizens with real jobs that affects the infrastructure of America.

Despite what current President Trump is suggesting, Asylum has been and always will be a backbone of “What Americans Stand for”.

They are good for any “capitalistic ”, “economically thriving”, “technologically advancing” society. They are good for America.

An affirmative asylum happens when one on a Valid Visa Status or Not being in Removal Procedure applies to the USCIS (United States Citizenship and Immigration Services) and receives protection under the US government.

An Affirmative asylum seeker takes refuge to the US government because her life is in danger in the country of origin or country of nationality or country of residency.

If someone is unable or unwilling to return back because she feels her life is in danger, she would receive a favorable asylum decision.

An Asylum seeker must prove past or future persecution and must apply within 1 year of entry to the US or explain the extended one-year delay.

If you or your loved ones is in need of “Asylum Seeking”, contact an experienced immigration lawyer for your case.
This is a legal blog. It is not intended to be used as legal advice.

This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).
Website: http://www.bestlawyerusa.com
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000
Newport Beach CA 92660

Good Moral Character Criteria and What Should an Immigrant Do if Convicted

“Good Moral Character” is a test that Green Card holders and applicants for naturalization (US citizenship) should pass. Conviction of a crime of moral turpitude (CMT) would cause a non-citizen deportable and/or at risk of citizenship denial by the USCIS (United States Citizenship and Immigration Services) application.

What is a crime of Moral Turpitude? Crimes that have the obvious Mens Rea (intent to commit) and are morally wrong. Some examples of Moral Turpitude Charges in state of California are ( criminal threats, assault, murder, child abuse, rape, failure to register as a sex offender, felony hit and run, perjury, robbery, receiving stolen property, welfare fraud, attempted lewd acts on a minor,”

The first step approach to charges of an offense in this category for an immigrant is to hire an attorney who knows both about crimes and their immigration consequences. Second is, if obligated to admit, try to plead to a lesser offense which is not categorized as CMT. Third, wait at least 5 years from the day of conviction to apply for citizenship.

CMT do not have a statutory definition. There are not exact sets of crimes that fall under the definition. Although there are some crimes such as murder that is a certain CMT crime, a simple first time DUI is something that is forgiven easier.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000
Newport Beach CA 92660

US Citizenship and Residency Requirements

The United States Citizenship and Immigration Services can grant citizenship to the applicants who have a Green Card and have completed residency requirements. Although residency requirement is not the only condition to Citizenship, its one of the most important ones.

The minimum age to apply individually for citizenship is 18 years old. In each residency requirement, the applicant must have not been outside of the US for over 6 months. For a spouse of US citizen, the residency time is 3 years. For others is 5 years.

The earliest one can file is 4 years and 9 months from the date written on the Green Card. For a Green Card holder who has served in the US military, this time is only 1 year of service. For an honorable discharge, filing must happen within the 6 months of discharge.

Those who served while outside of the US, didn’t break their residencies. Any time served outside of the US while in the service is considered to be spent on the US soil.

One who has served the Military during the wars of World War I and II, Vietnam, Korean, Persian Golf, or served anytime after September 11,2020 does not need to be a green card holder at the time of filing for the Citizenship or interview.

One who is married to a US Military Person and while he dies during the service is eligible to apply for citizenship.

A US National (for example Puerto Rican) who lives in any US state and gains residency is eligible to apply.

There are many applications that are denied each year, because the applicant did not follow the required residency guidelines. Once an application is denied once, the future petitions would be looked at with more scrutiny.

Residency requirement is one of the many conditions for citizenship. Make sure you contact an experienced immigration attorney before taking any steps.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).
Website: http://www.bestlawyerusa.com
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Domestic Violence Could Cause You Lose Your Green Card

Domestic Violence is abuse or threats to abuse of someone who is or used to be in an intimate relationship with the abuser. For example, married spouses, domestic partners, lovers, or those who have a child together, or lived together or are related through blood.

Abuse is physical attack whether is intentional or reckless, sexual assault, assault, threat that causes fear, peace disturbance and destruction of property. Abuse has multiple forms (psychological, emotional, verbal) involving tactics to control and have power over the person being abused.

Domestic Violence would become a criminal domestic violence if one is charged by the police and convicted in court or has violated civil restraining order.

Conviction of a “crime of domestic violence” can cause a Green Card or visa holder to be removed (deportation). The immigrant also becomes inadmissible should he ever leaves the US and wants to come back.

Domestic Violence can cause deportation or inadmissibility in two ways:
1-As a Crime of Violence or Aggravated Felony
2-As a Crime of Moral Turpitude

Crime of Violence
Here are some examples of crimes of Domestic Violence (crimes that make the perpetrator inadmissible or deportable) Injury on a spouse or cohabitant Penal Code 273.5; Assault, penal code 245(a)
Penal Code 236 (false imprisonment by violence not deceit or fraud)

Note: Simple Assault or Battery can be a crime of moral turpitude (CIMT) if it causes significant injuries.

Crimes of moral turpitude
Under Spousal abuse, crimes related to domestic violence are considered a crime of moral turpitude. Conviction of this crime may result in voluntary or mandatory deportability or inadmissibility.

Being involved in a Domestic Violence Situation is not easy. Both victim and perpetrator may be in need of extensive psychological consultation and legal support. If you or someone you know have been convicted and you don’t have your US Citizenship yet, you must contact an immigration attorney before you agree to any plea deals your criminal defense lawyer suggests you.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).

Website: http://www.bestlawyerusa.com
Email: Kennedycounsel@gmail.com
Phones: +19496770063 & +13106230080
Telegram & WhatsApp: 1949677006
Website: www.bestlawyerusa.com
www.topsuperlawyer.com
Immigration Law Blog in English:
www.kennedylawblog.wordpress.com
Immigration Law Blog in Farsi:
www.kennedylawblog1.wordpress.com
Business Law Blog in English:
www.kennedylawblog2.wordpress.com
Telegram Channel in Farsi:
Office Locations:
Los Angeles (Westwood) Location
-Oppenheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Locations:
Irvine:
-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618
Newport Beach:
-5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Best Lawyer USA

Kennedy Law Ramona Kennedy, Esq. (949)677-0063

KENNEDY LAW IMMIGRATION ENGLISH BLOG

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate(Doctorate in law) in America. Ramona Kennedy is a licensed Attorney in California (USA) and a member of the American Immigration Lawyers Association (AILA). Ms. Kennedy's areas of practice are US Immigration law, US federal Laws and California State Laws. This is an immigration law blog. It is not intended to be used as legal advise. For further information please contact the law offices of Attorney Ramona Kennedy.