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BREAKING IMMIGRATION NEWS
6/8/2021 Issue
CITIZENSHIP FOR “OUTSIDE” VETERANS
      U.S. Armed Forces are still recruiting persons who are not LPR’s (Green Card holders) in the U.S. If they serve during designated periods of wartime, and are honorably discharged, Section 329 grants them eligibility to naturalize (to become American citizens).
But, if they are not living in the U.S., they could not realize this eligibility.
Now comes USCIS and clarifies: such honorably discharged veterans who served during periods of war, and who are not living in the U.S. – can file their applications for naturalization from outside the U.S. and when the paperwork is reviewed and approved – they will get special permits to come to the U.S. for personal interviews and for naturalization ceremonies.
FALSE CLAIM TO U. S. CITIZENSHIP

           A false claim to U.S. citizenship by a non-citizen has severe consequences. One is a finding that the person lacks Good Moral Character and, therefore, is denied naturalization to become a U.S. citizen.
           Many Green Card holders fall into a “trap” when they apply for a Driver’s License or an ID card. The DMV (Department of Motor Vehicles) includes an automatic request for Voter Registration – which is legally available only to U.S. citizens.
           Now comes the USCIS and clarifies that they would not penalize an applicant for naturalization who have unknowingly or have unintentionally registered to vote.
  
CITIZENSHIP AND LYING

           Some LPRs (Legal Permanent Residents) are eligible for naturalization but include some incorrect answers in the long (20 pages) and difficult application (Form N-400).
           In most cases, the USCIS would give them an opportunity to correct the “mistake”. But if they don’t, or if they are caught with any other lie at the interview, the application would be denied on the grounds that the applicant lacks Good Moral Character. What then?
           The applicant keeps the Green Card and remains a Legal Permanent Resident. After a required waiting period, sometimes 5 years and sometimes 3 years, from the date of the failed interview, the failed applicant may file a new application for naturalization (with a new Filing Fee). This time, hopefully, without any mistakes.

CITIZENSHIP AND SELECTIVE SERVICE REGISTRATION

           There is no compulsory military services in the U.S. But there is an obligation to REGISTER FOR SELECTIVE SERVICE. This obligation falls on every male resident (legal or not) between the ages of 18 and 26. (At this moment, the Supreme Court is reviewing the issue whether females should be required to register, too.)
            If an LPR is in the U.S. at any time between the ages of 18 and 26 and does not REGISTER for Selective Service, he (for – the present - always HE) would be found lacking Good Moral Character and would be denied naturalization until age 31.
           If you do not know whether you registered or not, you can go on the website of the Selective Service (https://www.sss.gov/verify/) and check it out with the use of your name and Social Security number.

CITIZENSHIP OF CHILDREN BORN OUTSIDE THE U.S.

           Children born in the U.S. are American citizens by birth, even if their parents are non-citizens or not married to each other. Simple.
           But children born outside the U.S. (“abroad”), to one or two U.S. citizen parents are subject to Section 301 which imposes all kinds of requirements and conditions. Not simple. 
           An added complication for such children is “science”:
           In this moment of the history of the human race quite a few children are born with the assistance of science, in various ways of Assisted Reproductive Technology. If one of the parents of such a child is a U.S. citizen – is the child, too, an American citizen by birth? Not simple.
           Until recently, the U.S. Department of State (DOS) interpreted Section 301 to mean that the child must have a biological connection, genetic only or by gestation, to the U.S. citizen parent. This meant that sometimes the child was a U.S. citizen by birth and sometimes not. Not simple.
           Now, as a result of a lawsuit filed against the Government (which the DOS lost), the new interpretation is that if the child has the required connection to one of the parents (if the parents are married) and any one of the parents is an American citizen – so will be the child. Simple.
3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222
psg@immigrationguru.com