U.S. Citizenship for Children Born Abroad: Things to Know

The United States in one of 30 countries around the world that offers birthright citizenship to any person born on U.S. soil. Birth in the United States is the most straightforward way one can acquire U.S. citizenship, but it is not the only way a person is born a U.S. citizen.  In addition to birth in the U.S., Congress has enacted laws which allow persons born outside the U.S. to a U.S. citizen parent(s) may acquire or derive U.S. citizenship at birth.  Requirements for derivative U.S. citizenship is governed by the Immigration and Nationality Act (“INA”)—if the requirements are met, the child automatically derives citizenship upon his or her birth abroad.  Determining Whether You are a U.S. Citizen  There are several categories of derivative U.S. citizenship available to children born abroad, each with different requirements.  Child Born in Wedlock  Child of Two U.S. Citizen Parents; Child of U.S. Citizen Parent and U.S. National; or Child of U.S. Citizen Parent and Foreign National Parent. Child Born Out of Wedlock Child of U.S. Citizen Father; or Child of U.S. Citizen Mother.  Establishing Your U.S. Citizenship Claim  U.S. parents of children born abroad should immediately notify the U.S. Embassy or consulate in the country of […]
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Preparing for Your Marriage-Based Green Card Interview

Obtaining lawful permanent resident status by marriage to a U.S. citizen is a multi-step process. The first step of the marriage-based Green Card process involves the filing of Form I-130, Petition for Alien Resident, by the U.S. Citizen spouse...
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First Time Entry with An Immigrant Visa

Whether you are pursuing a marriage based green card, immigrating for your work, or being sponsored by a family member, obtaining a visa to enter the United States can be a time-consuming, stressful, and frustrating process. Every step of the way...
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Tips for Inviting Oath Ceremony Guests

Taking your oath to receive U.S. citizenship is an important moment, one many wish to share with the people in their life that supported them along the way. We want you to have the best experience possible for the day of your ceremony, so we collected the following tips for inviting guests. Who Can Come to my U.S. Citizenship Oath Ceremony? Generally speaking, anyone can come to your U.S. citizenship oath ceremony: family, friends, children, anyone you want! How Many Guests Can I Bring? The number of people you can bring to your ceremony depends greatly on the location and venue of the ceremony itself. For instance, the fire code may limit the number of people allowed in the room. If the number of people taking the oath is close of the maximum number of people allowed in the room, then your guest may not be allowed into the ceremony. It is important to remember that the oath ceremony is long, and so it could be possible that if you bring many guests, they may have to resort to standing in the back, which could be tiresome.  Who Should I Bring? This is completely up to you! We do recommend considering […]
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August 2019 Visa Bulletin Reveals Significant Retrogressions in Several Categories

The Department of State (DOS) releases the Visa Bulletin every month which summarizes the availability of immigrant visa numbers. The Visa Bulletin is used to determine when a foreign national’s green card application is eligible to move forward.  DOS has recently released the August 2019 visa bulletin which contains notable retrogressions in employment-based (EB) categories.  Below is a summary of the August Visa Bulletin: China: EB-1 retrogresses to July 1, 2016; EB-2 advances two months to January 1, 2017; and EB-3 moves forward six months to July 1, 2016; India: EB-1 remains stalled at January 1, 2015; EB-2 crawls ahead eight days to May 2, 2009; and EB-3 falls back more than three years to January 1, 2006; Philippines: EB-1 recedes two years to July 1, 2016; EB-2 retrogresses to January 1, 2017; and EB-3 reverts back to July 1, 2016; and  All Other Countries: EB-1 retrogresses two years to July 1, 2016; EB-2 falls back to January 1, 2017; and EB-3 retrogresses to July 1, 2016. The visa bulletin indicates that every effort will be made to return the final action dates to the same as those in the July visa bulletin at the beginning of October 2019.  Berardi Immigration Law monitors the […]
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Featured Clients of the Month: Ted & Austhin

Congratulations to our clients, Ted and Austhin, who recently completed the marriage-based green card process and were successfully approved! Ted is a U.S. citizen and Austhin is a citizen of Indonesia. Austhin recently received her ten-year green card with the help of our firm after filing an approved Form I-130 and attending an immigrant visa interview in Jakarta, Indonesia with the U.S. Embassy.  Ted met his wife, Austhin, in Jakarta where he was volunteering as an English instructor in 2012. Austhin was a teacher at the local school. The two immediately hit it off and began dating. However, Ted had to return to the U.S. in August of 2012 in order to continue pursuing his graduate degree. In the meantime, Ted and Austhin had a long-distance relationship and continued to keep in touch.  Upon completion of his degree in the U.S., Ted moved to Indonesia to be with Austhin. The couple enjoyed their life together in Indonesia until Austhin was granted a scholarship at Northern Arizona University. Austhin went to study in Arizona while Ted accepted a job in Cincinnati, but the couple continued their long-distance relationship in the meantime. In 2017, Ted and Austhin decided they could not be […]
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