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Asım Kılınç, Immigration Attorney, CK Law Firm
The H1B visa is a type of visa that allows foreign professionals to temporarily work and reside in the United States. Through this visa, many professionals gain the opportunity to work and grow in their respective fields on a global scale. However, it is crucial for professionals to make careful choices when selecting companies that sponsor H1B visas. In this article, you will find details addressing this point. Along with listing companies that sponsor H1B visas, I will also cover the following topics:
- What is the H-1B Visa?
- Who Can Apply for the H-1B Visa?
- H-1B Visa Occupations
- Companies That Sponsor H-1B Visas
- Transitioning from H-1B Visa to a Green Card
If you have any additional questions about the H-1B visa, feel free to reach out to us through the comments section of this blog or via the CK Law Firm Immigration Attorneys Website. For personal inquiries and consultation services, you can also contact me directly on LinkedIn.
What is the H-1B Visa?
The H-1B visa is a type of visa that allows foreign professionals to work in the United States in specialized fields. To qualify for this visa, individuals must possess expertise in areas such as technology, engineering, finance, academia, and medicine. Here are the key features of the H-1B visa:
- Validity Period: The H-1B visa is initially granted for a period of 3 years and can be extended up to a total of 6 years.
- Green Card Connection: The H-1B visa also provides a pathway to apply for a Green Card, granting permanent residency in the United States.
- Family Inclusion: One of the key advantages of this visa is the ability to bring your family members with you. This means you can embark on your professional journey in the U.S. while staying together with your loved ones.
Who Can Apply for the H-1B Visa?
I often hear the question, “Who is eligible for an H-1B visa?” To obtain an US H1B visa you must meet the criteria established by USCIS (U.S. Citizenship and Immigration Services). These criteria primarily include the following:
- Specialty Occupations: The H-1B visa is designed for individuals working in fields that require specialized expertise. Examples include software development, data science, medicine, and engineering.
- Educational Requirements: Applicants must hold at least a bachelor’s degree or possess equivalent professional experience in their field.
- U.S. Employer Sponsorship: To apply for an H-1B visa, you must have a job offer from a U.S.-based company willing to sponsor your application.
H-1B Visa Occupations
The H-1B visa primarily targets professionals working in science, technology, engineering, and mathematics (STEM) fields. However, it is not limited to these areas. Here are some common H-1B visa occupations:
- Software Developers and Data Scientists: The U.S. technology sector is one of the largest users of H-1B visas, making it a popular option for professionals in these fields.
- Engineers: Fields such as electrical, mechanical, and chemical engineering often see high demand for H-1B visa applicants.
- Academics and Researchers: This visa is also suitable for individuals specializing in academic fields like medicine and natural sciences.
- Finance Professionals: Roles such as financial analysts and risk managers are also eligible for H-1B visa applications.
These professions play a critical role in the economic and technological development of the United States, making them priority groups for the H-1B visa. Additionally, professionals applying from these fields often have a higher likelihood of their visa applications being approved.
Companies That Sponsor H-1B Visas
Firms that H1B visa sponsorship jobs are often among the leading companies in the United States. These organizations typically post job openings or extend job offers to qualified professionals. Companies that sponsor H-1B visas are commonly found in sectors like technology, finance, and engineering. Here are some of the major companies that sponsor H-1B visas:
- Technology Giants: Companies like Google, Microsoft, Amazon, and Apple lead the way in sponsoring H-1B visas. They offer job opportunities for experts in fields such as software development and data science.
- Financial Institutions: Firms such as JP Morgan and Goldman Sachs employ professionals specializing in finance and analytics.
- Engineering Companies: Organizations like Intel and Qualcomm seek experts in hardware development and related engineering disciplines.
H-1B Vizesi ile Green Card’a Geçiş
The H1B visa serves as a stepping stone for individuals seeking permanent residency in the United States. To apply for a Green Card through an H1B visa, the company sponsoring your H1B visa must also sponsor your Green Card process. Alternatively, H1B visa holders can apply for a Green Card under the EB-2 or EB-3 visa categories.
Another option provided by USCIS is obtaining permanent residency through the Labor Certification (PERM) process. However, this method may take a longer time to complete.
In this article, along with the information provided about companies that sponsor H1B visas, if you need support during your H1B visa process, you can always reach out to us through the CK Law Firm Website or via the comments section. Additionally, for specific inquiries or professional consultation, feel free to contact me directly on LinkedIn.
By Asim Kilinc, Immigration Attorney at CK Law Firm
For foreign nationals looking to engage in journalism, media, or other press activities in the United States, the U.S. Press Visa, or I Visa, is the ideal option. This visa is aimed at media professionals and journalists who meet specific requirements and need to conduct short-term press-related duties in the U.S. In this article, we’ll cover the application process, eligibility criteria, and other important details regarding the I Visa.
- What is the U.S. Press Visa?
- Who Can Apply for the U.S. Press Visa?
- What Are the Requirements for the U.S. Press Visa?
- U.S. Press Visa Application Process
- What Activities Can Be Conducted with the U.S. Press Visa?
- How Long Can I Stay in the U.S. with a Press Visa?
- Can I Apply for a Green Card with the U.S. Press Visa?
For additional questions, feel free to reach out through the comments section of this post, send me a message directly on LinkedIn, or contact me through the website of CK Law Firm, an Immigration Law firm I co-founded.
What is the U.S. Press Visa?
The U.S. Press Visa is a special visa issued to individuals traveling to the United States to perform press-related work temporarily. Journalists, filmmakers, reporters, photographers, and other media workers can apply for this visa. With this visa, you can work in the U.S. for a specified period while continuing your press activities.
Who Can Apply for the U.S. Press Visa?
The U.S. Press Visa (I Visa) is available to foreign media personnel engaging in temporary press and media activities in the United States. Those eligible to apply include:
- Journalists: Professional journalists who will gather news, conduct interviews, and report on events in the U.S.
- Filmmakers: Producers, directors, and camera operators involved in non-commercial documentary or film projects.
- Reporters: Reporters working for international media outlets, reporting news or events from the U.S.
- Photojournalists: Professional photographers taking photos for news outlets.
- Editors and Writers: Individuals writing or editing content for newspapers, magazines, TV, or radio outlets.
- Technical Staff: Technicians providing necessary support for media organizations and working temporarily in the U.S.
Applicants must be full-time employees of a media organization, working on a temporary assignment in the U.S. Freelancers or those involved in commercial projects may not qualify for the I Visa.
What Are the Requirements for the U.S. Press Visa?
Applicants for the U.S. Press Visa must meet specific criteria:
- Media Professional: You must provide proof that you are employed in the media industry. This can include official documents showing you work for a newspaper, TV channel, magazine, or other media organization.
- Temporary Assignment: You must state that you are in the U.S. temporarily for press-related duties. The U.S. Press Visa cannot be used for permanent jobs or to settle in the U.S.
- Press Activities: You must demonstrate that the activities you will be conducting in the U.S. are related to journalism or media, such as news gathering, reporting, or filming.
- Full-Time Employment: Freelancers are generally not eligible for this visa. You must be employed as a full-time worker for a media organization.
U.S. Press Visa Application Process
Filling Out the DS-160 Form:
Like other U.S. visas, applicants for the Press Visa must complete the DS-160 form online. This form is the foundation of your application and includes your personal information.
Payment of Application Fee:
A specific fee must be paid during the application process, which may vary depending on the consulate.
Supporting Documents:
You will need to provide supporting documents such as your media ID, a letter from your employer, and proof of your work.
Interview Appointment:
You will be required to attend an interview at the U.S. consulate. During the interview, you will need to explain the press-related activities you will be conducting in the U.S. and provide accurate documentation.
Visa Approval:
Once your application is approved, you will receive your U.S. Press Visa along with your passport. The visa’s duration will depend on the length of your assignment and any applicable agreements.
What Activities Can Be Conducted with the U.S. Press Visa?
With the U.S. Press Visa, you can engage in specific media and journalism activities in the U.S., including:
- News Gathering and Reporting: Journalists and reporters can gather and report news in the U.S.
- Documentary or Film Production: The Press Visa allows you to participate in the production of documentaries or films, provided they are not for commercial purposes.
- International Broadcasting: You can carry out work on behalf of foreign media organizations operating in the U.S.
How Long Can I Stay in the U.S. with a Press Visa?
The Press Visa is a temporary visa, and your stay in the U.S. is limited to the duration of your assignment. You are generally expected to leave the U.S. once your assignment is completed. However, in some cases, you may apply for an extension and renew the visa.
Can I Apply for a Green Card with the U.S. Press Visa?
The U.S. Press Visa is a temporary work visa and does not provide a direct path to a Green Card.
Frequently Asked Questions
- How long does the U.S. Press Visa application take?
The application process can take several weeks. However, this may vary depending on consulate processing times. - Can I bring my family to the U.S. with a Press Visa?
Yes, Press Visa holders can bring their spouse and children under 21 to the U.S. A separate application is required for family members. - Can freelance journalists apply for the U.S. Press Visa?
Generally, freelance journalists are not eligible for the U.S. Press Visa. However, if you work for a specific media organization, you may be eligible.
Conclusion
The U.S. Press Visa is an ideal option for foreign journalists and media professionals who need to work temporarily in the U.S. By ensuring you submit the correct documentation and follow the application steps carefully, you can expedite the approval process. At CK Law Firm, we guide you through the visa application process, helping you take the correct steps. For professional support and detailed consultation, reach out to us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The U.S. Citizenship and Immigration Services (USCIS) collects biometric data from individuals applying for visas, Green Cards, or citizenship for identity verification purposes. This data includes applicants’ fingerprints, photographs, and signatures. Biometric data is used for security checks and identity verification, ensuring that the application is securely and accurately processed. The biometrics appointment is one of the mandatory steps in the immigration application process, and without completing this appointment, your application cannot be processed. Attending this appointment on time is essential for a smooth application process. In this article, we will provide information about the biometrics appointment:
- Preparations for the Biometrics Appointment
- What Happens During the Biometrics Appointment?
- Post-Appointment Process
If you have any questions beyond these, please do not hesitate to contact me via the comments section below, send a message directly through LinkedIn, or reach out via the website of CK Law Firm, where I am a co-founder.
Preparations for the Biometrics Appointment
Preparing for the biometrics appointment is a critical step in the application process. The Appointment Notice (I-797C Form) sent by USCIS is an official document that contains all the details about your appointment. Carefully review this document and ensure you attend on the specified date. The basic documents you should bring to your appointment are:
- Appointment Notice: You must bring this letter from USCIS to your appointment, as it is a fundamental requirement for identity verification.
- Valid Identification: You should present a valid ID such as a passport, driver’s license, or an ID card issued by the U.S. government. USCIS will require this document to verify your identity.
- Additional Documents: In some cases, USCIS may request additional documents. These may vary depending on your application type or current status. For instance, if there is missing information in your application, you may be asked to provide extra documents to complete it.
It is very important to arrive on time. USCIS schedules appointments on a strict timeline, and delays can cause significant disruptions to your application. If you cannot attend the appointment, you must request a new appointment officially and as soon as possible.
What Happens During the Biometrics Appointment?
During the biometrics appointment, USCIS officers collect various biometric data from the applicant to complete identity verification. This process is generally quick, and the applicant is asked to perform a few basic tasks. The procedures during the biometrics appointment include:
- Fingerprinting: The applicant’s fingerprints from both hands are collected. Fingerprints are one of the most important biometric data used for identity verification and security checks.
- Photo: A passport-style photo of the applicant is taken and recorded in the USCIS system. This photo is used on identification documents and helps USCIS recognize the applicant during the application process.
- Signature: After collecting the biometric data, the applicant may be asked to provide a signature. The signature is added to the application file as part of the identity verification process.
Once these procedures are complete, the appointment ends, and the applicant can return to their daily activities. The appointment process usually takes about 15-30 minutes and aims to provide applicants with a comfortable experience.
For a professional impression, choosing appropriate clothing is recommended. Since USCIS will take your photo, it is advisable to wear clean and neat clothing. Additionally, avoid wearing accessories that cover your face (such as hats, large glasses, etc.) to ensure a proper photograph.
Post-Appointment Process
After the biometrics appointment is completed, USCIS continues to process your application. The collected biometric data is shared with security agencies like the FBI for background checks. During this stage, it will be investigated whether the applicant has a criminal record or poses any security risks. If no issues arise during the security checks, the application moves to the next stage.
If a problem is identified during the security checks, USCIS will inform the applicant and provide instructions on the necessary steps to address the issue. However, failing to attend the appointment or going without the required documents can result in the denial of your application or significant delays. Therefore, the biometrics appointment is crucial and should be carefully followed.
If you cannot attend your appointment, you can contact USCIS to request a new one. During this process, you must explain why you could not attend the appointment and schedule a new date. It is also important to follow the procedures set by USCIS when making a new appointment request.
Finally, the biometrics appointment is a critical step in your immigration application, and completing this process smoothly will positively impact your application’s approval. Preparing the necessary documents completely, attending the appointment on time, and adhering to USCIS officials’ requests are essential for the success of your application.
For professional support, detailed information, and consultation during your application process, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Navigating the U.S. immigration system can be a daunting and complex journey. From filling out forms to attending interviews, the process involves numerous legal intricacies that can be overwhelming for individuals. This is where an immigration lawyer comes in. As an experienced immigration attorney, I have seen firsthand the significant benefits of legal assistance. This blog will explain the role of an immigration lawyer and highlight situations where seeking legal help is crucial.
Why Hire an Immigration Lawyer?
1. Expertise in Immigration Law
- Immigration laws are constantly evolving. An immigration lawyer stays updated on the latest changes and understands the nuances of the law, ensuring that your case is handled with the most current knowledge.
2. Personalized Legal Strategy
- Each immigration case is unique. An immigration lawyer can develop a personalized strategy tailored to your specific circumstances, increasing the likelihood of a successful outcome.
3. Avoiding Mistakes
- Errors in your application can lead to delays or denials. An immigration lawyer can help you avoid common mistakes by ensuring that all forms are correctly completed and all required documentation is submitted.
4. Advocacy and Representation
- An immigration lawyer can represent you in interactions with immigration authorities, advocating on your behalf during interviews, hearings, and appeals.
Situations Where Legal Assistance is Crucial
1. Complex Cases
- Example: Maria, a client from Venezuela, faced persecution in her home country. Her asylum application involved detailed documentation and personal statements. As her attorney, I helped gather evidence, prepared her for the interview, and represented her in court, ultimately leading to a successful outcome.
2. Denial of Previous Applications
- If your previous immigration application was denied, an immigration lawyer can help you understand the reasons for the denial and assist in filing an appeal or reapplying.
Example: Ahmed’s family-based green card application was denied due to incomplete information. We reviewed his case, gathered the missing documents, and successfully refiled his application.
3. Deportation or Removal Proceedings
- Facing deportation or removal from the U.S. is a serious situation that requires immediate legal assistance. An immigration lawyer can help you explore all possible defenses and represent you in immigration court.
Example: Fatima received a notice to appear for removal proceedings. We built a strong defense, demonstrating her eligibility for cancellation of removal, and she was allowed to remain in the U.S.
4. Employment-Based Immigration
- Employers and employees dealing with employment-based visas (such as H-1B, L-1, or EB-2) can benefit from legal assistance to navigate the complex requirements and ensure compliance with immigration laws.
Example: John, a skilled worker, received an H-1B visa through his employer. I assisted the company in preparing the necessary documentation and ensuring adherence to visa regulations.
5. Family-Based Immigration
- Reuniting families through immigration can involve various challenges. An immigration lawyer can help you understand the eligibility criteria and guide you through the process of sponsoring family members.
Example: Sara, a U.S. citizen, wanted to bring her parents to the U.S. We assisted her in filing the necessary petitions and provided ongoing support throughout the process.
6. Naturalization and Citizenship
- Applying for U.S. citizenship involves rigorous requirements and a thorough understanding of the process. An immigration lawyer can help you prepare for the naturalization interview and test, ensuring that you meet all criteria.
Example: David, a permanent resident, was nervous about the citizenship test. We provided study materials, conducted mock interviews, and ensured he was well-prepared, leading to his successful naturalization.
7. Special Immigration Programs
- Programs such as DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), and U visas for crime victims require specific eligibility and documentation. Legal assistance can help navigate these specialized programs.
Example: Maria, a DACA recipient, needed to renew her status. We ensured timely submission of her renewal application and provided ongoing support for her immigration needs.
Conclusion
Hiring an immigration lawyer can make a significant difference in the outcome of your case. From avoiding mistakes to receiving personalized legal advice, the benefits of legal assistance are invaluable. At CK Law Firm, we are dedicated to providing expert legal support tailored to your unique situation. Contact us today to discuss your immigration needs and explore how we can help you achieve your goals.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Receiving a denial on your immigration application can be disheartening and stressful. However, it is not the end of the road. There are steps you can take to address the denial and possibly reverse the decision. This guide will provide advice on what to do if your immigration application is denied and explain the appeals process in detail.
Understanding Immigration Denials
Immigration applications can be denied for various reasons, including:
- Incomplete or Incorrect Information: Missing or inaccurate information on your application.
- Ineligibility: Not meeting the eligibility criteria for the visa or immigration benefit you applied for.
- Lack of Evidence: Insufficient documentation to support your application.
- Criminal Background: Issues related to criminal history or security concerns.
- Failure to Attend Appointments: Missing biometrics, interviews, or other required appointments.
Immediate Steps After a Denial
1. Review the Denial Notice
- Carefully read the denial notice to understand the specific reasons for the denial. The notice will include important information on why your application was rejected and any options for appeal or reconsideration.
2. Consult with an Immigration Attorney
- Seek advice from an experienced immigration attorney to assess your case and determine the best course of action. An attorney can help you understand your options and guide you through the appeals process.
Example: Sarah received a denial notice for her H-1B visa application due to insufficient evidence of her educational qualifications. We reviewed the notice and helped her gather additional documentation to support her case.
The Appeals Process
If you believe the denial was in error, you may have the option to appeal the decision. Here’s how to navigate the appeals process:
1. File a Motion to Reopen or Reconsider
- Motion to Reopen: Request to have your case reopened with new evidence or facts that were not available at the time of the original decision.
- Motion to Reconsider: Request to have your case reconsidered based on the argument that the original decision was incorrect due to a misapplication of the law.
Form I-290B
- Use Form I-290B, Notice of Appeal or Motion, to file either motion. This form must be filed within 30 days of receiving the denial notice (33 days if the notice was mailed).
Supporting Documents
- Include any new evidence or arguments to support your motion. Clearly explain why the original decision should be reconsidered or reopened.
Example: Ahmed’s asylum application was denied. We filed a Motion to Reopen with new evidence of persecution in his home country, which was not available at the time of his original application.
2. File an Appeal with the Administrative Appeals Office (AAO)
- If your motion is denied or if you choose to appeal directly, you can file an appeal with the AAO.
Form I-290B
- File Form I-290B to appeal the decision. Ensure the form is complete and includes all necessary supporting documents.
AAO Review Process
- The AAO will review your appeal and make a decision. This process can take several months, depending on the complexity of the case.
Example: John’s employment-based green card application was denied. We filed an appeal with the AAO, providing detailed legal arguments and additional evidence to support his eligibility.
3. Appeal to the Board of Immigration Appeals (BIA)
- For certain immigration decisions, you may appeal to the BIA. This is typically used for cases involving removal or deportation.
Notice of Appeal
- File a Notice of Appeal with the BIA within 30 days of the immigration judge’s decision.
Supporting Documents
- Include a brief explaining the reasons for the appeal and any supporting evidence.
Example: Maria faced removal proceedings and received an unfavorable decision from the immigration judge. We filed an appeal with the BIA, presenting strong legal arguments to support her case.
Tips for a Successful Appeal
1. Act Quickly
- Time is critical when filing motions or appeals. Ensure you meet all deadlines to avoid missing your opportunity for reconsideration.
2. Gather Strong Evidence
- Collect comprehensive and convincing evidence to support your case. This can include additional documentation, expert testimony, or new facts that were not previously considered.
3. Prepare a Detailed Legal Argument
- Clearly explain why the denial was incorrect, referencing specific laws and regulations. An experienced immigration attorney can help craft a compelling legal argument.
4. Maintain Consistency
- Ensure that all information provided in your appeal is consistent with your original application and any previous submissions.
Example: David’s visa application was denied due to inconsistencies in his travel history. We carefully reviewed all documents, corrected the inconsistencies, and provided a detailed explanation in his appeal.
Alternative Options
If an appeal is not feasible or successful, consider alternative options:
1. Reapply
- You may choose to reapply for the same visa or immigration benefit, addressing the issues that led to the denial.
Example: Jane’s student visa was denied due to missing financial documents. We gathered the required documents and successfully reapplied for her visa.
2. Explore Other Visa Options
- If your circumstances have changed, you may be eligible for a different type of visa or immigration benefit.
Example: Alex’s work visa application was denied. We explored other options and determined that he was eligible for an investor visa, which he successfully obtained.
Conclusion
Handling immigration denials and appeals requires a thorough understanding of the process and careful preparation. By taking immediate action, seeking legal assistance, and presenting strong evidence, you can improve your chances of a successful outcome. At CK Law Firm, we are committed to helping you navigate the complexities of immigration law and achieve your goals. Contact us today for expert legal advice and support.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The USCIS Citizenship Guidance provides a comprehensive overview of the legal and physical custody requirements under sections 320 and 322 of the INA for acquiring and deriving U.S. citizenship. This guide also provides a detailed explanation of derived citizenship processes under section 321 of the former INA, which was in effect prior to the enactment of the Child Citizenship Act of 2000.
This update aims to ensure consistent application of legal and physical custody criteria during the evaluation of citizenship applications. Additionally, the changes are designed to support fair and efficient adjudication of applications for Certificates of Citizenship. The updated guidelines will apply to applications filed on or after November 19, 2024, addressing potential uncertainties in the process.
When you read this article, you will have information about the following topics:
- Legal and Physical Guardianship Requirements Detailed
- New Era in Citizenship Applications
- Legal and Policy Basis: Executive Order 14012
- Impact of the Guide
If you have any questions other than these, please do not forget that you can send them to me via the comments section at the bottom of this article, by sending me a message directly via Linkedln or via the website of CK Law Firm Immigration Law Firm, which I co-founded!
Details of Legal and Physical Custody Requirements
The updated guidance outlines the following criteria for legal and physical custody:
- Legal Custody:
- USCIS has broadened the scope of situations in which a U.S. citizen parent is considered to have legal custody of a child. Retroactive (nunc pro tunc) corrections to custody decisions are clarified.
- The evaluation of informal agreements or private custody arrangements without court orders has been explained.
- In cases where there is no formal custody order, a U.S. citizen parent may still be deemed to have legal custody if they maintain actual and uncontested control over the child.
- Physical Custody:
- Physical custody is recognized when the child resides with the U.S. citizen parent or shares the same dwelling. Criteria for assessing actual living arrangements between the parent and child have been detailed.
- Citizenship Derivation Before the Child Citizenship Act of 2000:
- The guidance clarifies the requirements under the former INA section 321, including legal custody, parental marital status, and the child’s age at the time.
- Applications for Certificates of Citizenship:
- USCIS emphasized that applicants who cannot or do not take the oath of allegiance are not eligible for a Certificate of Citizenship.
A New Era for Citizenship Applications
The updated guidance provides clearer criteria for determining the citizenship eligibility of children of U.S. citizen parents. Detailed procedures and explanations are included to ensure timely and consistent adjudication of applications. For instance, in cases without a formal custody order, additional evidence provided during the application process will be considered.
Legal and Policy Basis: Executive Order 14012
These updates align with the goals of Executive Order 14012, which seeks to restore confidence in the lawful immigration system and promote integration and naturalization for new Americans. USCIS has taken steps to remove barriers to citizenship and enhance transparency and guidance in the process, benefiting both applicants and practitioners.
Impact of the Guidance
This update ensures that USCIS can make fair and transparent decisions in citizenship acquisition and derivation cases. The detailed explanations regarding legal and physical custody requirements will help applicants better understand the process.
For more information, refer to Volume 12, Part H of the USCIS Policy Manual or the relevant Policy Alert page. This guidance is an invaluable resource not only for applicants but also for professionals in immigration law.
For professional assistance, detailed information, or legal consultation, contact us via cklawfirm.org, info@cklawfirm.org, or through LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
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