Immigration Law

Recent Posts

USCIS Announces a Revised Naturalization Civics Test
Posted on 13 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 13, 2020 "U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019 . USCIS revised the... Read More

On This Veterans Day...
Posted on 11 Nov 2020 by Daniel M. Kowalski

FWD.US, Oct. 28, 2020 Immigrants Serving in the Military Have Earned Their Citizenship - Their Path to Naturalization Should Be Clear President-elect Biden and Congress can restore a fair path to citizenship for immigrants who serve "This Veteran’s... Read More

The Non-Controversy Over Birthright Citizenship
Posted on 2 Nov 2020 by Daniel M. Kowalski

The Non-Controversy Over Birthright Citizenship: Defending the Original Understanding of Jus Soli Citizenship By Margaret Stock* and Nahal Kazemi** November 2, 2020 This article aims to examine and refute arguments against the widely understood... Read More

USCIS Policy Alert: INA Sec. 320 Revision (Citizenship for Children of Military Members and Civil Servants Act)
Posted on 19 Sep 2020 by Daniel M. Kowalski

USCIS, Sept. 18, 2020 "On Sept. 18, we updated our policy guidance concerning residency requirements under section 320 of the Immigration and Nationality Act (INA) to comply with the requirements of the recently enacted Citizenship for Children... Read More

Robert A. Mautino, 1937-2020
Posted on 29 Jun 2020 by Daniel M. Kowalski

Another giant in our professional forest has fallen. Among other things, Bob will be remembered for his mastery of the laws of citizenship by acquisition. Here is a link to a 2010 interview with Bob, and here is a link to a biography by his family.... Read More

Lawsuit Challenges Naturalization Delays
Posted on 12 Jun 2020 by Daniel M. Kowalski

NILA, NWIRP, June 11, 2020 "Applicants for U.S. citizenship who could not take the oath of allegiance to complete the last step of the citizenship process for months due to the COVID-19 pandemic filed a lawsuit in the Eastern District of Pennsylvania... Read More

USCIS Policy Alert: False Claim to U.S. Citizenship Ground of Inadmissibility and Matter of Zhang
Posted on 24 Apr 2020 by Daniel M. Kowalski

USCIS, Apr. 24, 2020 "U.S. citizenship confers important rights and responsibilities. In recognition of this, Congress provided a specific ground of inadmissibility to address when an alien falsely claims to be a U.S. citizen for any purpose or... Read More

Denaturalization and Revocation of Naturalization: ILRC Practice Alert
Posted on 15 Apr 2020 by Daniel M. Kowalski

ILRC, Apr. 7, 2020 "The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their... Read More

Citizenship for Children of Military Members and Civil Servants Act Signed Into Law
Posted on 27 Mar 2020 by Daniel M. Kowalski

H.R.4803 - Citizenship for Children of Military Members and Civil Servants Act 03/26/2020 Signed by President "This bill establishes that a foreign-born child of a U.S. citizen member of the Armed Forces or government employee may automatically... Read More

CA9 on Naturalization, Domicile, Residence: Park v. Barr
Posted on 8 Jan 2020 by Daniel M. Kowalski

Park v. Barr "We ... hold that Park, as a B-2 nonimmigrant whose lawful status had lapsed, was precluded from establishing lawful domicile in California by operation of federal law. Her divorce and subsequent marriage were therefore valid under... Read More

USCIS Policy Alert: Conditional Bar to Good Moral Character for Unlawful Acts
Posted on 13 Dec 2019 by Daniel M. Kowalski

USCIS, Dec. 13, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an... Read More

American Samoans are US Citizens - Fitisemanu v. US
Posted on 12 Dec 2019 by Daniel M. Kowalski

Fitisemanu v. US "Plaintiffs’ Motion for Summary Judgment, (ECF No. 30) is GRANTED. a. Persons born in American Samoa are citizens of the United States by virtue of the Citizenship Clause of the Fourteenth Amendment. 8 U.S.C. § 1408... Read More

Putting Americans First
Posted on 11 Dec 2019 by Daniel M. Kowalski

Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship, by Donald Kerwin and Robert Warren, Center for Migration Studies, Dec. 11, 2019 "This article examines the ability of immigrants to integrate... Read More

Nationwide Prelim. Injunction Blocks Citizenship Changes: City of Seattle v. DHS
Posted on 10 Dec 2019 by Daniel M. Kowalski

Protect Democracy, Dec. 9, 2019 "On December 9, 2019, Judge Maxine Chesney of the Northern District of California issued a nationwide preliminary injunction barring USCIS from implementing changes that would limit access to citizenship for lawful... Read More

Neil Young Faces US Citizenship Delay Over Marijuana Use
Posted on 11 Nov 2019 by Daniel M. Kowalski

Laura Snapes, The Guardian, Nov. 11, 2019 " Neil Young is facing a delay in his application for US citizenship after honestly answering a question about his marijuana use. In a letter to fans posted on his website , the Canadian songwriter said... Read More