LexisNexis® Legal Newsroom
DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates - Visa and Citizenship Services Fee Changes

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship services fees. More specifically, the rule amends...

Fee for Renouncing United States Citizenship Increases Significantly

"On August 29, 2014, the U.S. Department of State (“DOS”) published an interim final rule in the Federal Register, which raised the fee for processing renunciations of United States citizenship from US$450 to US$2,350, a 522.22% increase. This new fee became effective on September 6...

Documentary - 14: Dred Scott, Wong Kim Ark & Vanessa Lopez

"The documentary film 14: Dred Scott, Wong Kim Ark & Vanessa Lopez explores the recurring question about who has the right to be an American citizen. 14 examines the citizenship clause of the 14th Amendment through compelling personal stories and expertly-told history. Under the Fourteenth Amendment...

Citizenship and Unwed Border Moms: The Misfortune of Geography

Here is an interesting piece in the April 2015 issue of Foreign Service Journal by an American consular officer in Tijuana, Amelia Shaw. [Hat tip to Margaret D. Stock.] - Amelia Shaw

You Can Die For America, But You Can't Vote

"Kenyan native John Chombo was studying in the United States to become a nurse when he heard the U.S. Army was looking for people with health care or special language skills. He was qualified on both counts. He was studying nursing and was fluent in Swahili. In 2013 he was accepted into the Military...

No 14th Am. Birthright Citizenship for American Samoans: CADC

"Appellants are individuals born in the United States territory of American Samoa. Statutorily deemed “non-citizen nationals” at birth, they argue the Fourteenth Amendment’s Citizenship Clause affords them citizenship by dint of birthright. They are opposed not merely by the United...

OCAHO on Citizenship Discrimination: USA v. Estopy Farms

"Jerry Estopy and Manuel Bortoni d.b.a. Estopy Farms simply passed over a qualified U.S. citizen in favor of hiring temporary H-2A workers from Mexico. ... [N]othing in this forum’s governing statute or regulations mandates that a U.S. citizen be afforded any preference over an equally qualified...

Dumb and Dumber: DOJ Pops Staffing Companies for Citizenship Discrimination Blunders

"The Justice Department announced today that it reached a settlement agreement with three Memphis-area staffing agencies: Prestigious Placement; PFSWeb Inc.; and its subsidiary, Priority Fulfillment Services Inc. The agreement resolves two complaints alleging discrimination under the Immigration...

CA5 on Birth Abroad at U.S. Military Base: Thomas v. Lynch

"Thomas, who was born on a United States military base located in what is now Germany, argues that he is not removable because he is a United States citizen by virtue of the Fourteenth Amendment. For the following reasons, we DENY the petition for review. ... Thomas contends that the military base...

Constitutional (Equal Protection) Citizenship Victory in Texas: Villegas-Sarabia v. Johnson

"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES that the physical presence requirements under...

Neb. Meatpacking Co. to Pay $200K Fine to Settle Citizenship Discrimination Claim

"The Justice Department announced today that it reached a settlement with Nebraska Beef Ltd., a meat packing company headquartered in Omaha, Nebraska. The settlement resolves an investigation by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) into whether...

Recent USCIS Policy Manual Updates (July 2015)

POLICY ALERT – Modifications to Oath of Allegiance for Naturalization July 21, 2015 ​U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation and Allegiance for naturalization. Technical...

White House Launches 'Commit to Citizenship' Campaign

"If you’re a permanent resident considering becoming a naturalized American citizen, take the first step toward giving those dreams a chance to grow. Not only will you enjoy all the rights and freedoms afforded all U.S citizens both here and abroad, you’ll be building toward a stronger...

En Banc CA9 on Burden of Proof, Citizenship: Mondaca-Vega III

Is the 84-year-old petitioner a native-born U.S. citizen or a deportable Mexican? A deeply-divided en banc court denied the petition for review. Mondaca-Vega III, Dec. 15, 2015 .

Chef José Andrés on Citizenship

White House, Dec. 15, 2015 - "Two years ago, I had the honor and privilege of taking the oath of citizenship to become an American citizen. This country has given me wonderful opportunities to expand my passion to not only serve people great food, but to share stories through the dishes I serve...

Expatriation Uptick Despite Fee Increase

Robert W. Wood, Forbes, Feb. 20, 2016 - "Ironically, America is collecting millions of dollars from the record numbers of Americans renouncing citizenship. It is odd that the U.S. is making millions from Americans tossing their passports. The government has collected about $12.6 million in fees...

News Excerpts From the March 15, 2016, Bender’s Immigration Bulletin

Attorney General Appoints Three New BIA Members | On February 26, 2016, Attorney General Loretta Lynch appointed three new members to the Board of Immigration Appeals. Two of the new Board members—Molly Kendall Clark and Ellen Liebowitz—previously served as senior legal advisors to the...

Citizenship Applications On Rise In Face Of Anti-Immigrant Politics

Kate Linthicum, Los Angeles Times, Apr. 22, 2016 - "There was an uptick of naturalization applications filed between June, when Trump announced his candidacy, and January, compared with the same period in recent years, according to U.S. Citizenship and Immigration Services data. The agency has not...

For Daniel Torres, Military Service Leads to American Citizenship

Tatiana Sanchez, San Diego Union-Tribune, Apr. 22, 2016 - "Daniel Torres, an unauthorized immigrant who enlisted in the Marine Corps using a false birth certificate, became an American citizen on Thursday. He is likely the first unauthorized immigrant to become a citizen by way of his military service...

$20K Settlement for American Citizen Locked Up By ICE: Ocampo v. Harrington

NIJC, May 2, 2016 - "A U.S. citizen arrested by U.S. Immigration and Customs Enforcement (ICE) at his home in 2012 and held in immigration detention for seven days has been awarded $20,000 in damages as part of an agreed judgment entered by a federal district court judge in central Illinois. ...

CA5 on Citizenship, Jurisdiction: Hernandez Rosales v. Lynch

Hernandez Rosales v. Lynch, May 3, 2016 - "Ulises Hernandez Rosales (Hernandez) petitions for review of a Board of Immigration Appeals decision rejecting the claim that he is a United States citizen and upholding an order of removal entered against him. Because there is a genuine issue of material...

USCIS Sued Over 'Unlawful Delay' Of Citizenship Applications Of Muslims - Arapi v. USCIS

Talal Ansari, BuzzFeed News, May 18, 2016 - "The United States Citizenship and Immigration Services (USCIS) unlawfully delays the citizenship applications of Muslim immigrants due to a secretive immigration program, according to a lawsuit filed Wednesday in St. Louis. The lawsuit — filed by...

Sup. Ct. Cert. Pet. Asks: Who Determines Birth on U.S. Soil? - Sanchez v. Kerry

Sanchez v. Kerry, No. 15-1395, filed May 12, 2016 - "From the foundation of this country, it has been the States, and not the federal government, who determine which individuals are born within their boundaries. The Constitution does not allow the State Department or a federal court to ignore decisions...

Citizen Khan: How a Wyoming Entrepreneur Won, then Lost, then Regained Citizenship

Kathryn Schulz, The New Yorker, June 6&13, 2016 issue - " By the time Zarif Khan applied to become a United States citizen for the second time, he had been living in Wyoming for nearly half a century. He was in his late sixties. On the naturalization petition, his official hair color had turned...

DOJ Settles Illegal Citizenship Requirement Dispute with Podiatry Residency Programs, AACPM

DOJ, June 20, 2016 - "The Justice Department announced today that it has reached agreements with 121 podiatry residency programs and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens in violation...