May 8, 2019

It’s a boy! Master Archie Mountbatten-WIndsor is a US citizen, too!

It’s a boy! HRH Master Archie Harrison Mountbatten-Windsor, the newborn son of Prince Harry Duke of Sussex and US-citizen HRH Lady Meghan Markle Duchess of Sussex, was born in the early morning of 6 May 2019. (No, Master Archie is not (yet) a Prince; that style must be conferred on him by The Queen.)

In case anyone was wondering, the young Prince is a dual US-UK citizen. He has UK citizenship from his UK father. By §301 of the Immigration and Nationality Act, US citizenship is transmitted to him automatically because he is the child, born in wedlock, between a US citizen (Lady Meghan) and a foreigner (Prince Harry). The Lady Meghan may or may not be a UK citizen at this time, but that does not matter. For purposes of transmission of citizenship, at the time of Master Archie’s birth, all that counts is that she is a native-born US citizenship who has lived most of her life in the USA.

Master Archie will have a US passport — issued by the US Embassy in London. He will not need a green card or a visa to enter the USA.

September 13, 2017

What can I do if USCIS is taking too long to make a decision in my case?

by Fong & Aquino

Starting October 1, 2017, USCIS has indicated that it would be start requiring in-person interviews for individuals seeking lawful permanent resident status who have been petitioned by their employers. According to a USCIS spokesperson, there will be additional visa categories that will also require interviews in order to “further improve the detection and prevention of fraud and security risks to the United States.”

In the view of one attorney, “The immigration service [previously] realized that most of the time it was a colossal waste of everyone’s time.” As a result, USCIS had agreed to waive many of these interviews. Such waivers will no longer be granted.

Based upon an anecdotal, informal survey of Fong & Aquino clients, a marriage-based “green card” case in the Los Angeles area can be expected to be completed within 6-8 months of filing. Tasking the same number of USCIS interviewing officers to now conduct additional interviews on top of the existing caseload is a sure recipe for longer adjudications.

May 27, 2014

How Long Does It Take To Get A Green Card?

by Fong & Aquino

When will I get my green card?

The story of “Tommy and Tomina”…

One of the questions that every immigration lawyer gets asked is “How long is it going to take for my family member to get his green card?” And, in typical lawyer fashion, my response is “Well, it depends.” This Continue reading

April 15, 2014

US Naturalization 101

by Fong & Aquino

US Naturalization 101

What you need to know to apply for naturalization in the United States

Regular readers of this blog may have noticed that I have been writing about naturalization quite a bit lately. First, the one about a looming deadline. More recently, the one about my client with a prior denial turned around, and then the one about a noticeable increase in new citizens hailing from Africa. But, what do you need to be eligible for apply for naturalization in the first place?!?
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April 8, 2014

Immigration Marriage Fraud

by Fong & Aquino

Immigration Marriage Fraud

Thinking of getting married just for the green card?

ICE is cracking down on fraudulent marriage cases.

My former boss tells his clients “Marriage is the fastest and easiest way to get a green card. However, you need a good foundation. It’s like a house. If the foundation is good, then everything that is built on it will be good. But if it’s bad, then it will lead to a lot of problems.” What kinds of problems exactly? Well,
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March 18, 2014

Immigration Marriage Interview: Hollywood Myths Dispelled

by Fong & Aquino

How the USCIS really handles marriage interviews

The other night, I was watching the tele with my wife. As regular readers of this blog know, that means I was watching one of my wife’s shows again. On a recent episode of “Trophy Wife,” Kate (played by Malin Akerman) discovers that her marriage paperwork didn’t go through and she’s in danger of being deported . . . to Canada! (If you haven’t watched it yet, be advised that spoilers are ahead.) Now — I’d like to compare the Hollywood marriage interview experience to reality.
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