USCIS, Dec. 8, 2023
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Elliot Spagat, Associated Press, Dec. 8, 2023
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In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law:
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This document is scheduled to be published in the Federal Register on 12/07/2023
"The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez' petition for review for lack of jurisdiction, 73 F.4th 300.
On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas)...
USCIS, Aug. 28, 2019
SUBJECT: Defining “Residence” in Statutory Provisions Related to Citizenship
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCISPolicy Manual to address requirements for “residence” in statutory provisions related tocitizenship, and to rescind previous guidance regarding children of U.S. government employeesand members of the U.S. armed forces employed or stationed outside the United States.
Numerous statutory provisions related to citizenship require applicants or their U.S. citizenparents to “reside” or to have had a “residence” in a particular location. USCIS is updating thePolicy Manual to better define residence and clarify the distinction between U.S. residence andphysical presence. In addition, USCIS is updating its policy regarding children of U.S. governmentemployees and U.S. armed forces members employed or stationed outside the United States toexplain that they are not considered to be “residing in the United States” for purposes of acquiringcitizenship under INA 320.
This guidance, contained in Volume 12 of the Policy Manual, is effective as of October 29, 2019(see attached) and applies prospectively to applications filed on or after that date.
• Clarifies that temporary visits to the United States do not establish U.S. residence andexplains the distinction between residence and physical presence in the United States.• Explains that USCIS no longer considers children of U.S. government employees and U.S.armed forces members residing outside the United States as “residing in the United States”for purposes of acquiring citizenship under INA 320."