According to a recent announcement, current American Administration plans to create a Gold Card program (green card for wealthy individuals interested in becoming US residents and US citizens).

As was announced, this new type of residency would provide a pathway to U.S. citizenship through the investment of US$5 million.

At this time, there are specific details and requirements for this new program. The Administration has indicated that the Gold Card would be adjudicated in expedited manner (contrary to the existing EB-5 immigrant investor program), and will not have an annual quota (contrary to the EB-5 program which is limited to 10,000 per year).

As was said, the revenue from this new immigration program could be used to help reduce the national debt (contrary to the EB-5 program which is focused on the job-creation for American citizens).

Another difference is that the EB-5 program provides for "conditional" Green Card valid for two years only, after which an investor and his family must engage in another lengthy process of "removing the conditions" and getting a permanent Green Cards for ten years.

The administration’s current plan is to have the Gold Card visa replace the EB-5 immigrant investor visa, which has been the only investment-based green card option since 1990s.

The currently existing EB-5 program requires an investment of $800,000 or $1,050,000 in a U.S. business, the creation of 10 jobs for U.S. workers, and local economic growth. The process involves proving a lawful source of investment funds and a suite of other investment requirements to be approved for and maintain their permanent residence status.
The EB-5 program was initially created in 1990 by Congress and went through a legislative overhaul with the EB-5 Reform and Integrity Act (RIA). The RIA tightened the program’s regulatory, compliance, and oversight components to enhance investor protections. It also reauthorized the regional center program through September 30, 2027. Eliminating the program early would require Congressional approval.
In alternative, the proposed Gold Card and the EB-5 visa programs could co-exist as two separate programs, each striving for different investor demographics and economic goals.

​It was suggested, the Gold Card, with a higher price tag and expedited process (and different tax benefits), would attract wealthy individuals and provide significant funds directly to the U.S. government. EB-5 visa, on the other hand, involves a lower investment amount and a slower process, but is more accessible to a larger pool of potential investors and provides economic benefits directly to American workers and local economies.

In Russian:

Недавно объявленный план Белого Дома заключается в том, чтобы виза Gold Card заменила иммиграционную инвесторскую визу EB-5, которая была единственным вариантом получения грин-карты на основе инвестиций с 1990-х годов.

Действующая в настоящее время программа EB-5 требует инвестиций в размере US$800 000 или US$1 050 000 долларов в американский бизнес, создания 10 рабочих мест для граждан США и экономического роста и т.п. Процесс включает в себя подтверждение законного источника инвестиционных средств и ряд других инвестиционных требований для одобрения и сохранения статуса постоянного резидента.

Программа EB-5 была первоначально создана в 1990 году Конгрессом и прошла законодательную реформу с принятием Закона о реформе и добросовестности EB-5 (RIA). RIA ужесточила нормативные, контрольные и надзорные компоненты программы для усиления защиты инвесторов. Она также повторно разрешила программу региональных центров до 30 сентября 2027 года. Для досрочной отмены программы потребуется одобрение Конгресса.

В качестве альтернативы предлагаемые программы Gold Card и визы EB-5 могли бы сосуществовать как две отдельные программы, каждая из которых интересна разным группам инвесторов.

Предполагается, что Gold Card с более высокой ценой инвестиций (или "покупки" вида на жительство) и ускоренным процессом привлечет состоятельных людей, которые заинтересованы в получении вида на жительство и гражданство США (с особым режимом налогообложения, что также важно). Виза EB-5, с другой стороны, предполагает меньшую сумму инвестиций и более медленный процесс, и не дает никаких бенефитов в смысле налогообложения, но она более доступна для большего числа потенциальных инвесторов и обеспечивает экономические выгоды напрямую американским работникам и местной экономике.

Мы будем публиковать новости на эту тему в нашем блоге и на ютуб канале. 

​https://www.youtube.com/@lubasmalimmigrationlawyer

​

The application for U.S. citizenship is called Application for Naturalization, USCIS Form N-400. 

The most current edition of the form is posted at USCIS website
https://www.uscis.gov/n-400

Currently, the filing fee is US$725.00.

You can submit this application by mail or online.

To submit an application online, you can create your USCIS online account at:

https://my.uscis.gov/

Under Sign In - select Create Account.

You can find additional information and test resources hare: 
https://www.uscis.gov/citizenship/apply-for-citizenship

Presently, the 2008 test is offered ruring the naturalization test:

https://www.uscis.gov/citizenship/find-study-materials-and-resources

You can watch naturalization videos here:
https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test 

In 2023, USCIS started redesigning the test. During the webconference on March 3, 2023, they explained what the pilot program is, and advised that USCIS expectation for the leval of English language proficiency is ESL Level 3. 

The Medical Exception, Form N-648, was also recently redesigned, and the new process is in effect since 2022.

Form N-648: Medical Certification for Disability Exceptions.

When you seek a medical certification for disability exception because of a physical or developmental disability or mental impairment that prevents you from learning English and civics, please keep in mind the following:

• There is no filing fee for Form N-648. However, a medical professional may charge a fee for a medical examination and for filling out forms.
• Only a medical doctor, doctor of osteopathy, or clinical psychologist licensed to practice in the United States may certify Form N-648. You may contact your state medical board to determine whether the medical professional has a valid license.
• An authorized medical professional must evaluate you in person or where the state law permits, a real-time telehealth examination, and diagnose you with a condition that prevents you from completing the educational requirements in order to qualify for the N-648.
• Read and sign the Applicant’s (Patient’s) Attestation/Release of Information. A legal guardian, surrogate, or designated representative, may also sign for an applicant who is unable to undergo any part of the naturalization examination because of a physical or developmental disability or mental impairment

Below is a list of main changes in the new Form N-648:

• The new Form N-648 is much shorter and has been cut in half from the previous version, from 9 pages to 4.5 pages.
• Part 1, Applicant Information, has been shortened. The new form no longer requests the applicant’s Social Security Number or address.
• The number of questions in Part 3, Information About Disabilities and/or Impairments, has been greatly reduced and simplified to just key information. In particular, the question about the applicant’s daily life activities in the previous version has been deleted. The following questions have also been deleted: questions about the description of the disabilities, cause of the disabilities, dates of diagnosis, dates of onset, date/location the doctor first examined the applicant, frequency of treatment, if the doctor is the one who regularly treats the applicant, duration of treatment, name of regularly treating medical professional, and explanation of why this doctor is certifying the form instead of the regularly treating medical professional.
• Also in Part 3, the previous questions about the clinical diagnosis and the connection between the disability/impairment and inability to meet the testing requirements have been combined in the first question.
• A new section has been added: Part 4, Ability to Understand Oath of Allegiance, in which the medical professional is asked if the applicant is able to understand and communicate an understanding of the oath. In our earlier comments, we asked USCIS to remove this question from the form. The USCIS Policy Alert explains that the intent of this question is to streamline the oath waiver process by eliminating the need for a separate oath waiver request. However, we are concerned that this question will trigger a big increase in unnecessary oath waiver requests. Most doctors will not understand the oath requirements and will indicate that the applicant requires an oath waiver. Then, the applicant will need a legal guardian, a surrogate, or a designated representative who is a U.S. citizen to testify on their behalf, creating another barrier for those who cannot easily meet this requirement. CLINIC plans to raise these concerns with USCIS and request additional training for medical professionals and adjudicators on the oath waiver. In the meantime, advocates will need to work closely with the medical professional to ensure they answer “yes” if the applicant is capable of taking the oath.
• Part 5, Interpreter Information and Certification, distinguishes between in-person interpretation and telephonic interpretation and has clear instructions on how to complete this section when a telephonic interpreter was used.
• In Part 6, Applicant’s (Patient’s) Attestation/Release of Information, the signature box notes that an applicant can make a mark if they are unable to sign. This is something we requested in our comments.
• Part 7, Medical Professional’s Certification, has been simplified, with key information enumerated at the beginning.
• The Form N-648 Instructions have added information on how to file the N-648 when submitting the N-400 electronically, stating that it can be uploaded as additional evidence. In addition, the instructions have added information to clarify that a legal guardian, surrogate, or designated representative may sign for an applicant who has been deemed legally incompetent.

The USCIS Policy Manual guidance on disability waivers has undergone major revisions that make it consistent with the substance and spirit of the new Form N-648. While the previous version of the policy guidance was harsh and punitive, the new guidance is much more humane and offers more flexibility for applicants in meeting the N-648 requirements. Key changes are discussed below.

Flexibility on N-648 filing date and supplemental informationThe new guidance states that while the N-648 should be submitted as an attachment to Form N-400, “USCIS should accept a Form N-648 submitted after the applicant files the naturalization application” with none of the strict conditions imposed by the previous guidance (Part B).

If the first N-648 is not sufficient, the applicant can submit an updated form with additional information rather than a new N-648. “The resubmitted form must be signed and dated by the same medical professional who signed the original Form N-648” and will be accepted even if the form edition is now expired and no longer in use. “USCIS will also accept a letter or other medical documentation addressing the Form N-648 deficiencies, if it is signed and dated by the same medical professional who signed the Form N-648” (Part G, Section 2).

Flexibility in determining when Form N-648 is sufficient

While the previous guidance required that every question on the Form N-648 be answered fully, the new guidance provides a lot more flexibility. The guidance states that “an officer reviews the Form N-648 in its totality” and an officer reviewing the Form N-64 may determine that it is sufficient “even if some of the questions have incomplete responses… if the file and testimony establish that the applicant is eligible” (Part G).

If information is missing from the N-648, the guidance states that “the officer should review any extra documents provided by the medical professional to determine if the information completes the Form N-648” (Part E). In addition, the guidance states, “Before determining that a Form N-648 is insufficient due to missing information, officers should review all sections to confirm that the information needed does not appear in a different section of the form” (Footnote 24). The N-648 may not be found insufficient solely because Diagnostical and Statistical Manual of Mental Disorders (DSM) or International Classification of Diseases (ICD) codes are missing “if the medical professional has provided a sufficient description of the clinical diagnosis” (Footnote 20). Similarly, the officer “should not determine that the form is insufficient solely because the date of last examination is missing on the form if the date can be confirmed during the naturalization interview.” (Footnote 21). If their signatures are missing on the form, the officer may allow the applicant or the interpreter to sign the form at the interview (if the interpreter was the same one used during the medical professional’s examination) (Footnote 13).

Limited reasons for credible doubtThe list of examples of credible reasons to doubt the validity of the form in Part F, Section 4 has been shortened quite a bit and includes, for example, “The medical professional who completed the Form N-648 is under investigation for immigration fraud, Medicaid fraud, or other fraud schemes.” However, it is still open to a lot of interpretation by adjudicators and includes the catch-all example of “Any other articulable grounds that are supported by the record.” Providing multiple N-648s with different diagnoses and information remains a credible reason to doubt the validity of the Form N-648 in the new guidance, so legal advocates still need to review N-648s carefully for consistency when the client has more than one. In two places, the new guidance states that “in general, USCIS should accept the medical professional’s diagnosis” (Part F, Section 4 and Part G).

While the previous guidance emphasized that the regularly treating medical professional should complete Form N-648, this emphasis has been removed from the new guidance. In the past, if the form was completed by a different medical professional and lacked a sufficient explanation of why, this could be cause for credible doubt and lead to a denial.

Telehealth examinationIn Part E, the new policy guidance states that USCIS may accept a Form N-648 certified by a licensed medical professional who completed a telehealth exam. The medical professional must adhere to their state telehealth laws and requirements.

Increased transparency and communication with the applicantThe new guidance appears to improve transparency and communication with the applicant regarding the sufficiency of Form N-648. For example, if an applicant submits more than one N-648 and there are significant discrepancies between the documents, “the officer must provide the applicant with an opportunity to explain discrepancies” (Part B, Section 2). Later, it states again, “The officer must provide the applicant an opportunity to address any specific discrepancies or inconsistencies during the interview” (Part 4, Section F). If the form is insufficient, “The officer must explain why they found the form insufficient in the applicant’s preferred language, using an interpreter if needed” (Part G, Section 2). This is stated again in Part H, Section 2: “The officer must explain the reasons for insufficiency in the applicant’s preferred language verbally during the interview, using an interpreter if needed.” Before requesting a supplemental Form N-648, the officer must seek supervisory approval and “Explain to the applicant, through an RFE, the reasons for doubting the veracity of the information on the original Form N-648.” (Part F, Section 4).

Additional information can be found in November 2022 guidance.

If you have any questions, please email us to ask questions or to schedule a consultation.

​Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization for two years.
This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications.
​
The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.
Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. 

Briefly in Russian:

Если вы подаете заявление на гражданство США через натурализацию, форму N-400 после 12 декабря 2023, то вам выдадут Receipt Notice, I-797, письмо продляющее вашу грин карту на два года (24 месяца) с момента истечение.

Если вы подали 400 до 12 декабря 2023, и ваша грин карта уже истекла или скоро истекает, но вы еще не получили гражданство, вам нужно будет подать заявление на новую грин карту I-90 и заплатить госпошлину.

Question: 
I filed an I-751 application by myself without my abusive US citizen husband's help or signature. My I-751 petition to remove conditions from residency was recently granted on the basis of abuse and extreme cruelty by U.S. citizen spouse. I received my 10-year green card card.  I have been an permanent resident for more than 3 years. 

Can I apply for U.S. citizenship through naturalization after just 3 years, instead of waiting for additional two years?  

Могу ли я подать заявление на американское гражданство через 3 года после первой грин карты, если моя постоянная 10-летняя грин карта была недавно утверждена на основании моей петиции, которую я подала без участия мужа на основании домашнего насилия? Я была резидентом более 3-х лет и не хотелf бы ждать еще два года.


Answer:
Yes, you can! If you filed your I-751, Petition to Remove Conditions from Residency by yourself as a waiver based on abuse and extreme cruelty, it was the only basis for a waiver, and your application was approved. It means that you can submit your N-400 Application for Naturalization after three years instead of five years.

I recommend that you consult an attorney to review your I-751 petition and naturalization eligibility to make sure that you are eligible.

Да, вы можете подать на гражданство после 3-х лет ЕСЛИ ваша петиция I-751 была подана и утверждена на основании только одного основания "домашнее насилие со стороны мужа-американца".

Перед тем как подавать на гражданство через 3 (а не 5 лет), проконсультируйтесь с адвоктом, чтобы убедиться, что вы соответствуете требованиям закона.

Сам закон внизу из Руководства офицеров иммиграционной службы США.


What the law says:

INA sec 319(a) and USCIS Policy Manual Chapter 3 - Spouses of U.S. Citizens Residing in the United States
​
F. Eligibility for Persons Subjected to Battery or Extreme Cruelty1. General Eligibility for Persons Subjected to Battery or Extreme CrueltyOn October 28, 2000, Congress expanded the provision regarding naturalization based on marriage to a U.S. citizen for persons who reside in the United States. The amendments added that any person who obtained LPR status as the spouse, former spouse, or intended spouse[13] of a U.S. citizen who subjected him or her to battery or extreme cruelty may naturalize under this provision.[14]
Specifically, the person must have obtained LPR status based on:

• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive U.S. citizen;
• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning spouse of an abusive LPR, if the abusive spouse naturalizes after the petition has been approved;[15] or
• Special rule cancellation of removal for battered spouses and children in cases where the applicant was the spouse, or intended spouse of a U.S. citizen, who subjected him or her to battery or extreme cruelty.[16]

A person is also eligible for naturalization under the spousal naturalization provisions if he or she had the conditions on his or her residence removed based on:

• An approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (Form I-751), for a conditional permanent resident, if the marriage was entered into in good faith and the spouse was subjected to battery or extreme cruelty by the petitioning citizen or LPR spouse.[17]

2. Exception to Marital Union and U.S. Citizenship Requirements for SpousesA person subjected to battery or extreme cruelty by his or her U.S. citizen spouse is exempt from the following naturalization requirements:[18]

• Married to the U.S. citizen spouse at the time of filing the naturalization application;
• Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and
• Applicant’s spouse has U.S. citizenship from the time of filing until the time the applicant takes the Oath of Allegiance.[19]

The spouse must meet all other eligibility requirements for naturalization.[20]

2005 USCIS Memorandum is here.

On May 18, 2021, the U.S. State Department announced that it will recognize the U.S. citizenship of a married couple’s child who is born outside the country if one of their parents is an American citizen. Same-sex married couples or children born via surrogate mother, IVF are included into this new interpretation.

The State Department will now approve U.S. citizenship for children born abroad to same-sex or heterosexual American parents via in-vitro fertilization, IVF, surrogacy and by other assisted reproductive means. Under the policy announced Tuesday, the child must be born abroad to married parents and at least one of the parents has to be a U.S. citizen. The child must have biological ties to at least one parent. The child can have biological ties to a foreign parent.

“Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least ONE of their parents and meet the INA (Immigration and Nationality Act)’s other requirements. Previously, the department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent. This updated interpretation and application of the INA takes into account the realities of modern families and advances in ART (assisted reproductive technology) from when the Act was enacted in 1952”, the U.S. State Department said.

​The U.S. Department of State guidance can be found here: 

​

On June 4, 2018, USCIS began issuing redesigned Certificates of Citizenship and Naturalization. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. 

USCIS piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.
​ 
The Certificates of Naturalization are: 

• N-550, issued to an individual who obtains U.S. citizenship through the naturalization process; 
• N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and 
• N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.

A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are: 

• N-560A, issued to an applicant who derived citizenship after birth; 
• N-560AB, issued to an applicant who acquired citizenship at birth; 
• N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female. 
• Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.

The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
Although the look and feel of the documents is new, the process of applying for and receiving them has not changed. Individuals do not need to renew their Certificates of Naturalization or Citizenship, regardless of when they were issued. The certificates we issued before the redesign will continue to be accepted as proof of citizenship. 

Answer: Yes, an illiterate person can naturalize and become a U.S. citizen, but only if she is over 50 and has been a permanent resident for at least 20 years; or she is over 55 and has been a permanent resident for at least 15 years; or her inability to read or write stems from a disability.

The law provides three exemptions from the English language requirement for naturalization. The exemptions are for applicants at least age 50 who have been permanent residents for at least twenty years, those at least age 55 with at least 15 years permanent residence and for those who have a mental or physical disability that prevents them from learning English. If the applicant is exempt under any of these rules, she qualifies even if she is illiterate. She can naturalize even if she cannot read or write another language.
If the disability prevents applicants from learning U.S. history and government (Civics part of the naturalization test), they are exempt from answering civic knowledge questions as well. Otherwise, they must answer the Civics questions in their own language.

Permanent residents at least age 65 who have been a permanent resident for at least 20 years take an easier test of U.S. history and government.
If the applicant is claiming an exemption based on a disability, she needs to file USCIS form N-648, Medical Certification for Disability Exceptions with your from N-400. A medical doctor or licensed clinical psychologist must sign the certification. An identifiable mental or physical disease must cause the disability. If the doctor says something like, “he’s too old to learn English,” the USCIS will deny the waiver request.
If a person is so disabled that he or she is unable to understand or agree to the citizenship oath, a legal guardian may file the application and the applicant may get U.S. citizenship.

English Language Exemptions 

You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are:

• Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years   (commonly referred to as the “50/20” exception).
  OR
• Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).

Note:

• Even if you qualify for the “50/20” or “55/15” English language exceptions listed above, you must still take the civics test.
• You will be permitted to take the civics test in your native language.
• If you take the test in your native language, you must bring an interpreter with you to your interview.
• Your interpreter must be fluent in both English and your native language.
• If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.

For more information, see the USCIS Policy Manual Citizenship and Naturalization Guidance.

Information about Naturalization Test is here.

Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).

There is a big difference between Certificate of Citizenship and Certificate of Naturalization. Both of them serve as evidence of U.S. citizenship status. However, unlike Certificate of Naturalization, Certificate of Citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status (derived through a parent).

When a person has a Certificate of Naturalization, it means that they applied for U.S. citizenship, passed the test and all background clearances, and their application was approved, and U.S. citizenship was granted.

​When a person has a Certificate of Citizenship, it means that they applied for a document as evidence of their U.S. citizen status. When USCIS approves the application for Certificate of Citizenship, the USCIS merely verifies the records and issues a document, as a proof of the U.S. citizenship status. The applicant doesn't apply for citizenship and doesn't take the test. The applicant applies for a proof or evidence of his or her citizenship. 

On June 2nd 2017, the BIA held that institution of judicial proceedings to revoke naturalization are not required to cancel a certificate of citizenship, which the Department of Homeland Security can cancel administratively upon a determination that an applicant is not entitled to the claimed citizenship status.

BIA held: "A certificate of citizenship only provides documentation of United States citizenship for persons who claim to have obtained that status derivatively. See 8 C.F.R. §§ 341.1, 341.2(c) (2016). It does not confer United States citizenship but only furnishes recognition and evidence that the applicant has previously obtained such status derivatively, that is, upon the naturalization of a parent or parents. See Section 341(a) of the Act. Thus, the issuance of a certificate of citizenship, like a United States passport, only serves as indicia of citizenship. It is not a grant of United States citizenship. Because the respondent’s United States citizenship claim was based on fraud, his Certificate of Citizenship is void." 

Facts: The respondent is a native and citizen of Nigeria who was born in Benin City, Nigeria, on June 30, 1981. He obtained lawful permanent resident status in 1996 as the stepchild of a United States citizen who was married to the respondent’s alleged adoptive father. The respondent’s claim to United States citizenship derives from the naturalization of his putative custodial adoptive father in 1995. On February 17, 1998, the respondent was issued a Certificate of Citizenship (Form N-560).

In removal proceedings, evidence of foreign birth gives rise to a rebuttable presumption of alienage, shifting the burden to the respondent to come forward with evidence to substantiate his citizenship claim. Matter of Rodriguez-Tejedor, 23 I&N Dec. 153, 164 (BIA 2001) (citing Matter of Leyva, 16 I&N Dec. 118, 119 (BIA 1977)); Matter of Tijerina-Villarreal, 13 I&N Dec. 327, 330 (BIA 1969).

Assessing the respondent’s claim to citizenship, the Immigration Judge noted that the evidence of record raises serious questions whether the respondent has ever qualified as a United States citizen. Specifically, the record includes an August 20, 2002, notice of intent to cancel the respondent’s Certificate of Citizenship (“NOIC”) issued by the former Immigration and Naturalization Service (“INS”), alleging that the certificate had been obtained by fraud.

The NOIC was based on information obtained in connection with a Federal criminal investigation. This investigation revealed that the respondent’s putative adoptive father was actually his biological brother. Although the respondent claimed that his biological father had died in 1983, records indicated that, as of 2002, he was alive and living in Nigeria. The NOIC further alleged that the respondent submitted a fraudulent adoption certificate. In his October 23, 2002, response to the NOIC, the respondent presented a letter from an attorney specifically denying each of the allegations in the NOIC. He also submitted a purported death certificate for the person the respondent alleged was his biological father. The death certificate was issued more than 8 months after this individual’s death and just days before the respondent’s response to the NOIC was due.

In a decision dated April 21, 2003, the District Director concluded that the evidence the respondent provided in response to the NOIC was insufficient to overcome the evidence supporting the cancellation of the Certificate of Citizenship. He determined that the Nigerian adoption decree submitted on the respondent’s behalf was fraudulent and that he did not derive United States citizenship through his biological brother under former section 321(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a)(2) (1996), which was in effect when the respondent turned 18 years old. The District Director therefore cancelled the respondent’s Certificate of Citizenship after concluding that it had been obtained by fraud. On March 29, 2004, the Administrative Appeals Office (“AAO”) dismissed the respondent’s appeal from the District Director’s decision
 
The respondent does not claim United States citizenship through naturalization. Instead, he was issued his Certificate of Citizenship under section 341 of the Act, 8 U.S.C. § 1452 (1996), based on his claim of derivative citizenship through the naturalization of his brother, who the respondent fraudulently claimed was his adoptive father.

To read the decision, click here.

March 30, 2017 update on MAVNI program (U.S. citizenship through military service):

At some point in the past, it was a very popular and efficient program allowing foreign nationals to become US citizens through service in the U.S. Military: Army, Navy, Airforce, Marines and National Guard. 

In a video, the American Immigration Lawyers Association (AILA) and immigration attorney Margaret Stock share the most recent developments. Since fall 2016, the MAVNI program is effectively being shut down. There are numerous delays in naturalization (currently, NSC official processing time is two years!), applicants are facing additional and retroactive requirements. In many cases, USCIS started doing a second round of security background checks, even for those applicants who were already approved. There have been reports of applicants being denied because they had a certain foreign relative living abroad (of course, foreign recruits would have foreign relatives -- they are foreign nationals!). There have been reports of U.S. citizens (former MAVNI recruits) being denied promotion in the military because they are naturalized citizens.

Presently, the US Department of Defense requires all applicants to be "in a lawful immigrant status" when they go to the basic training, and if not in a lawful status, they are required to apply for "deferred action" through USCIS, which is often denied. Atlanta, Georgia is noted as one of the jurisdictions with the most denials. DACA program is a form of a deferred action, which is accepted into this program, as well.

Briefly in-Russian:

Программа получения американского гражданства через военную службу, MAVNI program, претерпевает огромные изменения в сторону ужесточения правил (проводятся проверки "задним числом" уже после утверждения). К заявителям на американское гражданство через военную службу теперь предъявляются "новые" требования. Как говорят адвокаты, начали проводиться дополнительные расследования - в том числе тех, кого уже утвердили.

Иммиграционные адвокаты делятся статистикой отказов (множество отказов из Атланты, Джорджия). Адвокаты приводят примеры того, как их клиенты получили отказ по причине наличия определенных "близких родственников" за пределами США, которые не являются гражданами США. Ну конечно у них будут такие родственники - ведь суть этой программы в том, чтобы дать возможность получения гражданства США иностранными гражданам, и само собой, у них еть родственники за границей!

​Сроки ожидания гражданства через службу в армии (по статистике из иммиграционного центра в Небраске) в настоящий момент составляют 2 года.

Адвокаты, специализирующиеся в натурализации через воинскую службу, предсказывают увеличение количества судебных исков от рекрутов как результат отказа или задержек в рассмотрении заявлений на натурализацию. 

Министерство обороны США с осени 2016 ввело новое требование к рекрутам: теперь они требуют, чтобы заявитель был в "легальном статусе", и отсюда вытекающее новое требование получить статус deferred action, которое USCIS нередко отказывают. С точки зрения права, это требование не имеет смысла, так как deferred action не дает никакого легального статуса человеку, находящемуся в США после истечения статуса (визы), а только определенную и небезграничную защиту от депортации.

В целом, анализ заставляет задуматься о том, что возможно в будущем программа MAVNI будет аннулирована или станет непрактична или нереалистична для большинства рекрутов, желающих таким образом получить американское гражданство.

Вы можете посмотреть официальное видео от Американской ассоциации иммиграционных адвокатов, датированное 30 марта 2017 на youtube. 

​

The number of U.S. citizens who renounced their U.S. citizenship or terminated their permanent residency during 2016 is at a record high. This number is growing every year, which is an interesting trend. 

On Friday, February 9th 2017, the Treasury Department published the names of 2,365 individuals who expatriated during the fourth quarter of 2016. Total number for 2016 came to 5,411 American expatriates over the whole year in FY 2016.

In FY 2015, 4,279 US citizens renounced US citizenship, which is 26 percent less than in FY 2016.

According to the International Tax Blog, the escalation of offshore penalties over the past two decades could be a contributing factor in this rise. 

According to Bloomberg, the Treasury began taxing Americans abroad around the time of the Civil War, to prevent citizens from fleeing the country to avoid fighting. Nowadays, the goal of the list is to make sure that all of the income of U.S. citizens — both in the country and abroad — is reported to the Internal Revenue Service.

#renounce #renounceuscitizenship #expat #expatriate #uscitizenship #usacitizenship

In Russian:

В 2016 году выросло количество американцев, отказавшихся от американского гражданства. В 2016 таких было 5 411, что на 26 процента больше, чем  в 2015 году, когда 4 279 американца вышли или отказались от американского гражданства.

Этот интересный тренд усилился после того как американское правительство ужесточило санкции за неуплату налогов на доходы полученные по всему миру, за пределами США, и контроль за счетами американских граждан в банках иностранных стран.

На практике лица, отказавшиеся от гражданства США, имеют второе гражданство или вид на жительство в другой стране, и основная, но "скрытая" причина отказа от гражданства - это нежелание платить налог на доход, полученный за пределами США в Казначейство США. Хотя официально эта причина не указывается, так как это может привести к стутусу невъездного в США.

A an adult Korean adoptee who is awaiting deportation from an immigration detention center in Washington State because he lacks American citizenship, even though he has lived in the United States since he was 3 years old.

Last month, an immigration court denied his final request to stay in the United States.

Officials at South Korea’s Ministry say they know of at least five adoptees who were deported back from the United States. But advocates for Korean adoptees say there may be more than twice as many, some undocumented.
Tossed back to a country they had left decades ago, these adoptees were once again foreigners struggling to adapt to an unfamiliar culture and language.

This can happen to a person who was adopted from a foreign country without following a proper procedure for applying for legal document, a proof his or her US citizenship. Sometimes people don't even realize the seriousness of their situation and lack of legal status in the United States until it's too late.

​Read more here. 

Recent update from USCIS:

If you are applying for U.S. citizenship through a process known as naturalization (filing a USCIS form N-400), you can now use a credit card to pay the Form N-400, Application for Naturalization fee. 

Most applicants must pay a $680 fee, which includes biometrics fee.

To pay with your credit card, you must file a Form G-1450, Authorization for Credit Card Transaction. 

At this time, USCIS accepts payments by credit card ONLY for one application, Form N-400, application for naturalization. This can change in the future. You should always review the form's instructions online before filing.

Here is the form: http://www.uscis.gov/g-1450 and instructions how to pay with a credit card.

On Friday, October 16, 2015, a federal judge in Texas declined to order Texas officials to institute a temporary fix so children of undocumented immigrants born in the United States can get their birth certificates while a lawsuit filed by their parents is being tried.  

Instead of issuing a temporary injunction order sought by the plaintiffs (the undocumented immigrants who were denied their U.S. citizen children's birth certificates), U.S. District Judge Robert Pitman ruled that the case should proceed through the full hearing process given the complexity of the issues involved. 

Pitman’s ruling comes two weeks after attorneys for the families told the judge that the children’s civil rights had been violated because county registrars, by order of the Texas Department of State Health Services, would not issue birth certificates because the parents did not present one or more acceptable forms of ID. More than 30 families have joined the suit since the initial complaint was filed in May.

“Although the Plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, this case requires additional determinations which can be made only upon development and presentation of an evidentiary record,” Pitman wrote in a 27-page decision.

The parents in the lawsuit contend that IDs previously used to obtain the vital records, specifically the Mexican Consular ID (called the matrícula consular) and foreign passports, were accepted in some counties just months ago until the department amended its policies without warning.

Now, some of the undocumented immigrants parents can't request their US-born children's birth certificates because the parents lack proper and acceptable by the Organs of Vital Statistics photo ID documents.

Texas Attorney General Ken Paxton called the ruling an “important first step in ensuring the integrity of birth certificates and personal identity information. Before issuing any official documents, it’s important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms.”

Read news here and court opinion here. 

On September 09 2015, USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better connect USCIS procedures with the US Department of State (DOS) procedures, which are used for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015. 

What is Changing.

Starting October 1, 2015, you will be able to submit your application for adjustment of status or for an immigrant visa before your priority date is current. 

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Current priority dates for particular visa categories; and
• The earliest dates for filing application for adjustment of status (earliest dates when applicants may be able to apply).

See October 2015 Visa Bulletin here. However, the priority dates in the Visa Bulletin can retrogress in November. Consult an attorney about your specific case so you won't miss the opportunity of applying earlier.

When filing an application for adjustment of status, I-485, an applicant can concurrently file an application for a work permit and advance parole. This is great news for many immigrants waiting for many years for their priority dates to become current. However, it's a good idea to consult an immigration attorney before applying.

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin.

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents. 

Read more here.  

Applicants from all over the world who registered for the DV-2016 program were selected at random from 11,391,134 qualified entries (17,573,350 with derivatives) received during the application period that ran from noon, Eastern Daylight Time on Wednesday, October 1, 2014 until noon, Eastern Daylight Time on Monday, November 3, 2014. 

The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. 

The Kentucky Consular Center registered and notified the winners of the DV-2016 diversity lottery. Approximately 91,563 applicants have been registered and notified and may now make an application for an immigrant visa (so called"selectees" or "winners"). Some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger number (91,563 selectees) should insure that all DV-2016 numbers will be used during fiscal year 2016 (October 1, 2015 until September 30, 2016).

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. 

Registrants living legally in the United States who wish to apply for adjustment of status instead of consular processing of their visas, must apply through USCIS Department of Homeland Security (** Please note that you have to be eligible for adjustment of status. Therefore, if you were selected as a winner in the Green Card lottery and you live in the United States, it's advisable to consult an experienced attorney before applying for your green card). 

Once the total *50,000 visa numbers have been used, the program for fiscal year 2016 will end. Selected applicants (aka "selectees" or "winners") who do not receive visas by September 30, 2016 will derive no further benefit from their DV-2016 registration. Similarly, spouses and children accompanying or following to join DV-2016 principal applicants are only entitled to derivative diversity visa status until September 30, 2016.

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2015 annual limit to 50,000. DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

P.S. Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many. 

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2016 program: 

AFRICA

ALGERIA  1,952

ETHIOPIA  4,000

NIGER  102

ANGOLA  108

GABON  32

RWANDA  412

BENIN  914

GAMBIA, THE  67

SAO TOME AND PRINCIPE  2

BOTSWANA  4

GHANA  3,179

SENEGAL  427

BURKINA FASO  199

GUINEA  1,818

SEYCHELLES  0

BURUNDI  208

GUINEA-BISSAU  4

SIERRA LEONE  2,141

CABO VERDE  6

KENYA  2,729

SOMALIA  272

CAMEROON  3,047

LESOTHO  5

SOUTH AFRICA  535

CENTRAL AFRICAN REP.  23

LIBERIA  4,430

SOUTH SUDAN  17

CHAD  40

LIBYA  240

SUDAN  3,216

COMOROS  3

MADAGASCAR  75

SWAZILAND  7

CONGO  124

MALAWI  17

TANZANIA  93

CONGO, DEMOCRATIC REPUBLIC OF THE  4,475

MALI  114

TOGO  1,241

COTE D’IVOIRE  1,129

MAURITANIA  15

TUNISIA  227

DJIBOUTI  92

MAURITIUS  41

UGANDA  453

EGYPT  4,024

MOROCCO  1,993

ZAMBIA  57

EQUATORIAL GUINEA  0

MOZAMBIQUE  11

ZIMBABWE  152

ERITREA  544

NAMIBIA  18

ASIA

AFGHANISTAN  406

JAPAN  302

QATAR  42

BAHRAIN  13

JORDAN  349

SAUDI ARABIA  267

BHUTAN  22

NORTH KOREA  0

SINGAPORE  39

BRUNEI  1 

KUWAIT  143

SRI LANKA  704

BURMA  236

LAOS  1

SYRIA  460

CAMBODIA  1,229

LEBANON  225

TAIWAN  297

HONG KONG SPECIAL
ADMIN. REGION  151

MALAYSIA  95

THAILAND  73

INDONESIA  126

MALDIVES  3

TIMOR-LESTE  0

IRAN  4,501

MONGOLIA  185

UNITED ARAB EMIRATES  103

IRAQ  330

NEPAL  3,801

YEMEN  724

ISRAEL  162

OMAN  12

EUROPE

ALBANIA  1,931

GREECE  93

NORWAY  35

ANDORRA  0

HUNGARY  186

POLAND  629

ARMENIA  1,277

ICELAND  3

PORTUGAL  58

AUSTRIA  50

IRELAND  89

  Macau  23

AZERBAIJAN  380

ITALY  410

ROMANIA  626 

BELARUS  811

KAZAKHSTAN  376

RUSSIA  2,200

BELGIUM  47

KOSOVO  244

SAN MARINO  0

BOSNIA & HERZEGOVINA  92

KYRGYZSTAN  209

SERBIA  283

BULGARIA  865

LATVIA  73

SLOVAKIA  70

CROATIA  67

LIECHTENSTEIN  0

SLOVENIA  33

CYPRUS  28

LITHUANIA  153

SPAIN  193

CZECH REPUBLIC  74

LUXEMBOURG  0

SWEDEN  108

DENMARK  35

MACEDONIA  258

SWITZERLAND  122

ESTONIA  40

MALTA  0

TAJIKISTAN  337

FINLAND  57

MOLDOVA  1,854

TURKEY  1,795

FRANCE  510

MONACO  0

TURKMENISTAN  124

  French Polynesia  1

MONTENEGRO  8

UKRAINE  4,507

  Saint Martin  1

NETHERLANDS  81

UZBEKISTAN  4,300

  Wallis and Futuna  1

  Aruba  4

VATICAN CITY  0

GEORGIA  571

  Curacao  2

GERMANY  678

NORTHERN IRELAND  9

NORTH AMERICA

BAHAMAS, THE  16

OCEANIA

AUSTRALIA  832

NAURU  12

SAMOA  5

  Cocos Islands  1

NEW ZEALAND  208

SOLOMON ISLANDS  0

FIJI  393

  Cook Islands  4

TONGA  26

KIRIBATI  4

PALAU  4

TUVALU  0

MARSHALL ISLANDS  0

PAPUA NEW GUINEA  3

VANUATU  5

MICRONESIA, FEDERATED STATES OF  3

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

ANTIGUA AND BARBUDA  0

DOMINICA  6

SAINT KITTS AND NEVIS  2

ARGENTINA  68

GRENADA  7

SAINT LUCIA  5

BARBADOS  0

GUATEMALA  31

SAINT VINCENT AND THE GRENADINES  7

BELIZE  0

GUYANA  14

SURINAME  3

BOLIVIA  49

HONDURAS  73

TRINIDAD AND TOBAGO  51

CHILE  17

NICARAGUA  58

URUGUAY  21

COSTA RICA  50

PANAMA  5

VENEZUELA  1,038

CUBA  1,488

PARAGUAY  7

P.S. Natives of the following countries were not eligible to participate in DV-2016: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. 

Our office would be happy to assist you with your DV visa application or adjustment of status should you be selected as a winner. Please email us to schedule a phone or Skype consultation. Please remember that a visa must be issued prior to September 30th of the current fiscal year (09-30-2016 for DV-2016 winners). No visas will be issued after this date. If selected as a winner you should act fast and submit your applications and required documents in a timely matter. Assistance of a qualified and experienced immigration attorney would be of great help to many. 

As reported by Bloomberg Business News, birth tourism from China to the US is booming. Although it’s not illegal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit when interviewed by American Consul or by immigration or customs officers at the US airport—or coach someone to do so. 

If a woman says she’s traveling to the U.S. to give birth, the consular and customs officers may request proof that she can pay for her hospital stay. (The same would be asked of anybody seeking medical treatment in the U.S.) 

Department of Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden.

No one knows the exact number of Chinese birth tourists or services catering to them. Online ads and accounts in the Chinese-language press suggest there could be hundreds, maybe thousands, of operators. A California association of these services called All American Mother Service Management Center claims 20,000 women from China gave birth in the U.S. in 2012 and about the same number in 2013. These figures are often cited by Chinese state media, but the center didn’t reply to a request for comment. The Center for Immigration Studies, an American organization that advocates limiting the scope of the 14th Amendment, estimates there could have been as many as 36,000 birth tourists from around the world in 2012. Estimated fees paid by Chinese birth tourists to the agencies catering to them are around USD30,000 to USD60,000.

Department of Homeland Security declined to discuss the investigation because it is ongoing, but the agent in charge said: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.” 

Read the story here. 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

DERIVATIVE CITIZENSHIP CHARTS: 

How children born abroad to a US citizen mother or father acquire or derive US citizenship through their parents, their mother or father. How children used to derive US citizenship under the old laws (which is still relevant because it applies to those children who were born during those timeframes). 


Please see charts on acquisition/derivation of citizenship here: http://www.ilrc.org/resources/naturalization-quick-reference-charts

UPDATE 03/06/2015:

Nebraska's ban on same-sex marriage will remain in place while the state appeals a federal judge's decision to strike it down. 
The 8th Circuit Court of Appeals on Thursday issued a stay of U.S. District Judge Joseph Bataillon's decision this week to end the ban.
It means that no same-sex marriages will be allowed starting March 9th, as was expected under the federal judge ruling.
************
A federal judge has struck down Nebraska's ban on same-sex marriage. Effective March 9, 2015, same-sex couples in Nebraska can marry.

As a practical matter, a US citizen petitioner in the same-sex marriage in Nebraska can now petition for his/her spouse's permanent residency (aka green card) in the United States.

According to an injunction filed in federal court Monday, Senior U.S. District Judge Joseph Bataillon said "all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage."

The order is effective March 9 2015 at 8 a.m.

Within moments of Judge Bataillon's injunction, the State of Nebraska filed an appeal.

The U.S. Supreme Court announced January 17, 2015 that it would decide whether same-sex couples have a right to marry everywhere in America under the Constitution. A decision is expected by late June.

Nebraska is the 38th state in the USA to allow same-sex marriage.

Read more at: 

http://www.ketv.com/politics/judge-rules-on-nebraskas-samesex-marriage-ban/31519918?utm_source=Social&utm_medium=FBPAGE&utm_campaign=ketv7&Content%20&linkId=12636249

A record 3,415 Americans renounce US citizenship in 2014.

The number of Americans choosing to give up their passports hit a record 3,415 last year, up 14% from 2013, and 15 times more than in 2008, when only 231 people renounced their citizenship.

Experts say the recent surge is coming from expats who no longer want to deal with complicated tax paperwork, a burden that has only gotten worse in recent years.

Unlike most countries, the U.S. taxes all citizens on income, no matter where it is earned or where they live. The mountain of paperwork can be so complicated that expats are often forced to fork over high fees to hire an accountant -- some say they pay as much as $1,000.

As new procedures are put in place, "the pace of U.S. citizenship relinquishments is likely to slow. People are becoming aware of the various compliant ways they can mitigate the negative effects of FATCA, without having to take the drastic and often emotional step of giving up their American citizenship." But it's going to be a few years before renunciations start to taper off.

Read more at: http://money.cnn.com/2015/02/12/pf/americans-expat-citizenship-passports/index.html