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"Physical Presence" in the U.S.: What it Means for Citizenship
Contributor: Van T. Doan
In order to become a citizen of the United States, lawful permanent residents (green card holders, or LPRs) must satisfy a number of requirements, including having good moral character, passing an English test and a civics test, maintaining continuou…
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Categories: Immigration Law
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What is "Continuous Residence" for Citizenship Purposes?
Contributor: Van T. Doan
Eligibility for U.S. citizenship requires, among other things, that an individual “has resided continuously within the United States…for a period of at least five years after having been lawfully admitted for permanent residence.” L…
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Categories: Immigration Law
Do I Have to Take a History Test to Become a U.S. Citizen?
Contributor: Van T. Doan
The short answer is yes: if you are applying to become a citizen of the United States, you must take what is called a civics test. The test does include some history questions, for instance, “Who was the President of the United States during Wo…
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Categories: Immigration Law
Do I Need to Speak English to Become a U.S. Citizen?
Contributor: Van T. Doan
If you’ve come to the United States from a non-English speaking country and want to become a citizen, you have probably heard that you must pass an English test. The good news is that the test is not complicated, and there are free resources av…
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Categories: Immigration Law
Can I Become a Citizen if I Have a Criminal Record?
Contributor: Van T. Doan
Lawful permanent residents of the United States who are trying to become U.S. citizens need to meet a number of requirements. One of these is that they must be of “good moral character.” What exactly does that mean—and how might your pa…
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Categories: Immigration Law
Impact of May 2016 Visa Bulletin from U.S. Department of State
Contributor: Van T. Doan
The Visa Bulletin issued by the U.S. Department of State for May 2016 gives a final action date of January 1, 2010 for Employment-Based Fourth Preference Visas for special immigrants from Honduras, El Salvador, and Guatemala. Special immigrants are t…
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Categories: Immigration Law
I-864 Affidavit of Support: Calculating What Is Owed to a Beneficiary
Contributor: Van T. Doan
U.S. citizens and lawful permanent residents who petition for a beneficiary to immigrate to the United States must promise to provide adequate financial support for the beneficiary so that he or she does not become a public charge. This promise is ma…
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Categories: Immigration Law
I-864 Affidavit of Support: Are There Defenses to Enforcement?
Contributor: Van T. Doan
The I-864 Affidavit of Support is a contract in which a sponsor agrees to financially support a foreign national being admitted to the United States. As we’ve noted in previous blog posts, both the government, and the sponsored beneficiary, can…
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Categories: Immigration Law
I-864 Affidavits of Support: Who Can Sue, When, and Where?
Many foreign nationals trying to obtain permanent U.S. residence through family-based or employment-based applications must have Form I-864 (Affidavit of Support) filed by a sponsor. This requirement is designed to ensure that foreigners who are like…
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Categories: Immigration Law
I-864 Affidavit of Support and Prenups — Is the Obligation Waivable?
Contributor: Van T. Doan
Can a prenuptial or premarital agreement waive the support obligations that a sponsor assumes when he or she signs the Form I-864 Affidavit of Support for a spouse? The answer is … maybe. Different federal courts, just within the last few years…
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