Birth Right Citizenship

With recent talk and political rhetoric with respect to ending birthright citizenship, we wish to share the current source of law for the granting of US citizenship at birth. We do not believe the current citizenship laws can be changed through an executive order.

8 U.S. Code § 1401  deals contains the law regarding citizenship at birth. Citizenship in the United States is a matter of federal law, governed by the United States Constitution.

As per the Fourteenth Amendment to the United States Constitution adopted on July 9, 1868, the citizenship of persons born in the United States has been controlled by its Citizenship Clause, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Currently, all of the below scenarios qualify for citizenship at birth:

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EB5 – Policy on Debt Arrangements

USCIS is revising policy guidance in the USCIS Policy Manual to clarify its policy on debt arrangements as per Policy Alert PA-2018-11.

 Foreign nationals may seek an immigrant visa based on their investment in a new commercial enterprise in the United States if they meet certain related job creation requirements.

To make a qualifying investment, the immigrant investor must contribute the minimum investment amount in a manner that does not constitute a debt arrangement. Relevant precedent provides that a redemption agreement is a debt arrangement if the petitioner enters into the agreement knowing that he or she has a willing buyer at a certain time and for a certain price.
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11/09/2018 – USCIS announced that starting November 19, 2018, USCIS may issue NTAs based on denials for additional forms. Forms I-914, I-918, I-360, I-929 and I-730 as well as I-485 when filed with these types of forms are going to be impacted. H-1B’s and I-129’s are still not being issued NTAs

11/09/2018 – President Trump issued a proclamation suspending, for a limited period, the entry of certain individuals traveling through Mexico and seeking entry the United States.

11/09/2018 – Ninth Circuit affirms preliminary injunction requiring DHS to adjudicate DACA applications for renewal of existing DACA recipients.

10/30/2018 –  USCIS announces phased  elimination of self-scheduling InfoPass appointments.  Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to view general how-to information and check case statuses through the USCIS Contact Center. Recent improvements to online tools provide applicants the ability to obtain their case status and other immigration information without having to visit a local field office.

10/29/2018 – AP reports citizenship timelines are now as long as 2 years. Click APNEWS.COM

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Lawsuit Challenges Legality of USCIS Unlawful Presence August 9th memo

USCIS issued a policy memo on August 9, 2018,  regarding “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,”. A lawsuit has been filed this week stating this memo as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution.  This case is titled as Guilford College v. Neilsen and filed on 10/23/18.

Plaintiffs Guilford College, Guilford College International Club, The New School, Foothill-De Anza Community College District, and Haverford College initiated this lawsuit against Defendants Kirstjen Nielsen, in her official capacity as Secretary of Homeland Security; the U.S. Department of Homeland Security (“DHS”); L. Francis Cissna, in his official capacity as Director of U.S. Citizenship and Immigration Services; and U.S. Citizenship and Immigration Services (“USCIS”).  This lawsuit requests the court to declare the USCIS memorandum as unlawful.