You may assume that once a United States citizen, always a United States citizen. This actually isn’t the case. It is possible for both individuals born in the United States as citizens and those naturalized under United States immigration law to revoke or renounce citizenship. Both of these processes effectively result in the loss of United States citizenship and loss of those rights and privileges afforded to United States citizens. There are actually seven ways that a United States born citizen or naturalized citizen can lose citizenship. All seven of these processes operate the same way for both categories of individuals, and unsurprisingly, most involve an active and purposeful decision by the United States citizen to relinquish citizenship. Very few United States citizens have their status revoked. Naturalization and Allegiance to a Foreign Government Citizenship or allegiance to a foreign government can cause the loss of American citizenship for a U.S. born or naturalized citizens. When a United States citizen applies for and obtains naturalization in a foreign country, it could mean relinquishing status in the United States. The same is true when a United States citizen chooses to make an oath of allegiance to a foreign government. Of course, not every American citizen naturalized in another country loses status in his or her home country. One caveat is the individual must be 18 years of age or older to relinquish citizenship in this way. Second, there are opportunities for dual citizenship or dual nationality in foreign countries around the world, including such locations as Australia, the United Kingdom, and many South American countries. In today’s political climate, it would be rare for the United States to require an individual naturalized in most countries to relinquish their citizenship. For more information on whether a specific naturalization process abroad would impact your citizenship, speak with a qualified New York immigration lawyer. Positions in a Foreign Government In limited instances, an American citizen is unable to serve in the military or government of a foreign country without relinquishing their United States citizenship. The first of these situations involves serving in the military of a foreign government. A United States citizen is prohibited from being a commissioned or non-commissioned officer in a foreign military if that foreign government is involved in hostile actions or alliances against the United States. The requirement to relinquish United States citizenship in these instances would have been applicable to Americans in German or Japanese militaries during World War II. An individual will also lose United States citizenship for taking a position in a foreign government that requires an oath of allegiance. Losing or relinquishing citizenship, for this reason, is incredibly rare and anyone facing the decision to take such a position should contact a New York immigration lawyer. Renouncing United States Citizenship The fifth and sixth ways a United States citizen could lose their status in the country is by a formal and explicit renunciation of their status and rights. At any time, a United States citizen can go to a consular outside the United States and make a declaration renouncing their citizenship. This is not a casual or informal process, but rather involves an explicit declaration and actions by the individual. During a time of war, this explicit declaration and process at the United States consular isn’t required. Simply renouncing citizenship, even while inside the United States, can result in the loss of United States citizenship. Given the unlikely use of this renunciation of citizenship, further information is best sought from a New York immigration lawyer. A Conviction for Treason or Attempting to Overthrow the Government The seventh and final way an individual could lose United States citizenship is treason or an attempt to overthrow the United States government. A conviction for treason against the United States will result in immediate loss of your citizenship. Similarly, a conviction for attempting to overthrow the government will lead to the same. These outcomes make a defense to these extremely serious charges both a criminal law and immigration law matter. If you have questions about one of these ways an individual could lose citizenship or are uncertain as to the status of your citizenship in the United States, Long Island lawyer, Kyce Siddiqi can help. The Law Firm of Kyce Siddiqi has a robust and experienced practice dedicated to immigration law, naturalization, and citizenship in the United States. Call us at (646) 930-4488 to learn more.

It was a big day for the First Family on August 9th. What was the occasion for celebration in Washington, D.C.? The parents of First Lady, Melania Trump, became United States citizens. Viktor and Amalija Knavs were able to use a specific immigration scheme, often called family immigration, or less attractively, chain migration to gain citizenship here in the U.S. It is a fairly common way to non-citizens to live in the United States on a permanent basis or become a full-fledged citizen. How does family immigration work and who is eligible for this particular route to citizenship? What Is Family Immigration? Historically, the immigration policy of the United States emphasized the importance of family and family reunification. A hugely important part of these policies was the ability of a U.S. citizen or permanent resident to sponsor a family member for a Green Card in the United States. After a number of years living legally in the United States, these sponsored family members can apply for U.S. citizenship. It is this process that we call family immigration. Why Is Family Immigration Important? Family immigration is the most common form of immigration to the United States. The average immigrant to the United States sponsors 3.5 relatives to join them in the county. This means that if many immigrants only have a spouse or unmarried child join them in the U.S. there are other immigrants that are joined by several children, parents, and other family members. In total, it is a huge sector of the U.S. immigration system. In actuality, family immigration has always been the most influential reason for people to immigrate to the United States, even before there was an official policy that defined or categorized the process. Then in 1965, the Immigration and Nationality Act (INA) created formal rules and requirements for family-based immigration. What Are the Requirements for Family Immigration? The INA established two separate groups that have the qualifications and requirements necessary for family immigration. The first group of family immigrants to the United States qualifies as immediate relatives of a U.S. citizen. The definition of immediate relative encompasses spouses, unmarried children, who are under the age of 21, orphans adopted by a U.S. citizen, and parents of U.S. citizens. The second category of family-based immigration is called family preference. These are individuals that don’t have an immediate relative as a U.S. citizen, but a more distant relative can provide sponsorship. When these immigrants apply for a green card they are given preference in the process, hence the name. However, the INA also limits the number of immigrants can receive a green card under this preferential scheme. People who immigrate through family preference include children of U.S. citizens, who are over the age of 21, along with their spouses and children; spouses and children of U.S. permanent residents; married sons and daughters of U.S. citizens; and siblings of U.S. citizens. What Are the Limitations on Family Preference Immigration? The first check on family preference immigration is the strict categories of individuals that qualify. For example, aunts and uncles of a U.S. permanent resident wouldn’t qualify for this form of family immigration. Other extended family members that don’t qualify include grandparents, cousins, and in-laws of U.S. citizens and permanent residents. However, the legislation that created family-based immigration, the INA, also included a provision to limit the number of visas for family preference. This limit is enforced on an annual basis and can fluctuate based on initiatives by Congress and executive leadership in the United States Immigration and Customs Enforcement. Currently, a maximum 480,000 visas can be issued for family preference each year. Of course, individuals with a criminal record or other backgrounds that would disqualify them from various immigration schemes are refused green cards under family immigration. Why Is Family Immigration Often Called Chain Migration? The term chain migration is a reference to the process for approval under family-based immigration. One family member acquires citizenship through a separate immigration scheme and is then able to sponsor either an immediate or extended family member for a green card. Once that family member is in the United States long enough, they too can sponsor another individual. This “chain” of immigration could theoretically continue indefinitely. There are inferences that accompany the use of the term chain migration. It is often used to make a political statement about the negatives or supposed problems with family immigration. The implication is that by allowing family immigration on the current scale and with limited restrictions results in a continuous and unstoppable chain of family members coming to the United States. Accessing Forms of Family Immigration If you are interested in more information on family immigration or need to speak with an NY lawyer regarding the denial of a green card, the Law Firm of Kyce Sidiqqi can help. You can reach our NY office by calling 646-930-4488.

Summer 2018 has seen a number of immigration issues in the headlines. In fact, immigration policies, changes, and strategies by the Trump Administration have dominated several news cycles this summer. The driving force behind many news reports is the Department of Justice’s (DOJ) announcement of zero tolerance for individuals attempting to enter the U.S. illegally. While the zero-tolerance policy is targeting unlawful immigration to the U.S., it is having several practical implications at the U.S. border with Mexico and other ports of entry into the U.S., including NYC airports. One of the most apparent byproducts of the Administration’s tough stance on illegal immigration was the separation of parents and minor children at the border. Reports now say almost 3,000 families were separated at the border, leading to a federal judge intervening to stop this aspect of the policy. However, the impact of zero tolerance and other announcements by the Administration has hit other areas of legal immigration, including asylum claims. In just six months, the road to a successful asylum in the U.S. has changed drastically. What Is Claiming Asylum? During times of war or outstanding violence, it can be unsafe for certain individuals to remain in their country of birth and citizenship. The U.S. has long recognized that when these situations arise, there should be a means for requesting protection in another country. As well, the U.S. has long been a country of refuge for individuals needing asylum. Under the U.S. immigration laws, individuals fleeing violence, persecution, and other dangers can arrive at the U.S. border and claim asylum. Each year thousands of people arrive in the U.S. making this exact request. Asylum seekers arrive in airports across the U.S., but the most common place to request asylum is at the U.S.’s southern border and the refugees most likely to request this status are individuals from Mexico and Central America. What Is the Perceived Problem with Asylum? Throughout most of U.S. history, asylum wasn’t a problematic or divisive topic. It was generally believed that people arriving at a U.S. border or port of entry and claiming asylum had a legitimate reason for their claim. After all, it often required great sacrifice and resources to make it to the U.S. The current climate in America doesn’t always see asylum in this same light. Claims of asylum take a long time to process. The immigration courts that hear asylum cases can’t immediately hear a case, unless there are special circumstances and asylum claimants are frequently admitted to the U.S. until their hearing date. Due in part to these procedural processes, some people believe that the asylum process is abused. In particular, it is thought that individuals arriving at the U.S.’s southern border are inappropriately and inaccurately claiming asylum when in truth they are only seeking a better financial future. In short, that the claim of asylum is used not out of fear for one’s life or to escape definite danger, but for economic reasons. This debate over the validity of asylum in the U.S. and other immigration issues are ongoing in the U.S. but have already resulted in some very clear policy changes. Direct Change to Asylum Claims First, Attorney General Jeff Sessions, as head of the DOJ, announced that asylum requests based on domestic violence and gang violence would be curtailed and limited. Prior to this announcement, which came earlier in June 2018, asylum seekers could claim domestic violence or gang violence as the reason for immediate danger in their home country. The claimant would then have to offer evidence and testimony corroborating this claim, and a judge would consider this evidence and rule on the refugee’s request for asylum. After the Attorney General’s announcement, there is an opportunity for judge’s working in the immigration courts to deny requests for asylum based on domestic violence or gang violence out of hand, instead of judging those cases on their merits. The result is likely to mean that many asylum seekers will be denied prior to the collection of evidence and formulation of an immigration case. Indirect Changes to Claiming Asylum Second, the Administration’s zero-tolerance policy is leading to other incentives to deny asylum seekers and creating confusion at the U.S.’s southern border. There are reports that border agents are approaching and seizing asylum seekers at certain points of entry into the U.S., most notably in Ciudad Juárez, Mexico. In these same places and other locations, Customs and Border Protection are informing people that the U.S. shelters are at capacity for asylum seekers and that if they want to make a legal claim to wait in Mexico until there is space. These policies are meant to deter asylum seekers from ever entering the U.S., but policy over the border is also changing. It’s alleged that current Administration is detaining asylum seekers indefinitely in immigration shelters and facilities. This is occurring even when an asylum seeker has passed the first phase of the process, a screening process called the credible-fear interview. This initial step was always treated as the hurdle to entry into the U.S. until an asylum case is heard. As President Trump and the Administration continue to push for other immigration reform and the funds to build the border wall, it seems likely that dismantling the asylum system remains on the to-do list, even if done through indirect policy. Asylum seekers need support and legal advice more than ever, and the Law Firm of Kyce Siddiqi can take your case. Our office, based in NY, handles all types of immigration cases and issues, including claiming asylum. You can reach our office by calling (888) 915-7333.

Each year thousands of people come to the United States for employment opportunities. While some people obtain the right to work in New York through permanent residency or a Green Card, most foreign nationals working in the United States have an employment visa. Employment visas are a non-immigration, limited duration visas that provide a temporary and specific right to work in the country. The issue for employees and employers utilizing employment visas in the United States is that all employment visas expire. After two, three, or five years, a foreign employee must apply for an NY visa renewal to continue living and working in the United States. If an NY visa renewal is denied, then the employer must terminate employment in the United States and the individual must return to his or her home country. Therefore, the process of an NY visa renewal is very important, and following these steps crucial to approval. #1: Know the Exact Date Your Visa Expires When you receive an employment visa for the United States, the expiration date is clearly stated on the visa document. You should know this date intimately and immediately commit it to memory, as it is essential to the renewal process. You must submit the completed application, supporting paperwork, and any fees for an NY visa renewal within 12 months of that expiration date. Failure to comply with this strict timeframe results in a denial of your visa renewal application. #2: Book a Flight to Your Home Country Foreign nationals must submit the application for an NY visa renewal from their home country. This process can take several weeks, which must also be understood and approved by your U.S.-based employer. However, the payment of fees and submitting the application can be primarily handled online, which substantially lessens the amount of time a foreign employee needs to be outside the United States and away from work. #3: Submit Fees and Payment for the Application An NY visa renewal requires the payment of significant fees. These fees are in the same amount and process as the original employment visa process and can be paid through the United States’ immigration portal found online. Once your fees are paid and processed, the substantive portion of your application can be similarly sent online. #3: Complete Form DS-160 The majority of your application for an NY visa renewal is comprised of immigration form DS-160 and your supporting documents. Form DS-160 is the same immigration form required in your initial application. You must complete this form again in its entirety and with complete accuracy. While you can substantially rely on your initial application for this subsequent version of the form, where your situations or circumstances have changed from the initial application, you must input those changes. Form DS-160 is submitted online. #4: Submit a Waiver of Visa Interview One of the major differences between the initial employment visa process and a subsequent renewal is the possibility to request a waiver of the interview portion for a renewal. This approval is usually granted early in the renewal process when United States officials evaluate your responses to a series of questions online. If you don’t receive the waiver of your employment visa interview, you must arrange an interview at the United States embassy or consulate in your home country.  #5: Send Your Supporting Documents While a great deal of the NY visa renewal process has moved into the digital age, your submission of supporting documents has not. The United States government still encourages foreign workers to mail these documents to the embassy. The documents required for an NY visa renewal include a passport valid for six months from the date of renewal, your original employment visa and evidence of approval, two passport size photographs, evidence of fees paid and Form DS-160 submitted, and documents from your employer. The purpose of your supporting documents is to show the embassy personnel that your circumstances, in terms of working and employment haven’t changed. Therefore, your employer needs to send a copy of your job description, salary information, and confirmation of your continued employment at the business. Why Work with a Lawyer for Your NY Visa Renewal? The need for legal advice during the NY visa renewal process is more prevalent than ever. Back in October 2017, the United States announced changes to the review process for renewal of any non-immigration employment visa. Going forward, the U.S. Citizenship and Immigration Services will review any NY visa renewal as if it is an initial and first-time application. This is far more scrutiny of renewal applications than was undertaken in the past, and as a result, more employment visa renewals are likely to be rejected. Lessen the stress of a rejected renewal application by hiring the talented team at the Law Firm of Kyce Siddiqi. Reach us at (888) 915-7333.

In mid-May, the Department of Homeland Security (DHS) announced that it was ending protected status for immigrants from Honduras. People from Honduras have received temporary protected status in the United States since 1999, when a hurricane struck the Central American country the year before. However, this recent announcement means that immigrants living in the United States for nearly two decades will be required to return to Honduras by January 5, 2020. What Is Temporary Protected Status? The process for affording temporary protected status was established through the Immigration Act of 1990, and individuals from Honduras some of the first people eligible to enter the United States under the new status. However, the reach of temporary protected status has since expanded. At the end of 2017, there are approximately 320,000 foreign nationals in the United States under temporary protected status. These individuals come from ten different countries, including Yemen, Haiti, Honduras, Sudan, Nepal, Syria, Somalia, El Salvador, Nicaragua, and South Sudan. Temporary protected status, also called TPS, is offered to foreign nationals arriving in the United States from countries impacted by natural disaster or armed conflict. The designation is designed to provide individuals directly impacted by these hardships an avenue for temporary relief by giving them the right to live and work in the United States. Although, the Immigration Act of 1990 requires individuals under this status to reapply for a work permit every 18 months that they are in the United States. It is understood that temporary protected status is just that a temporary solution and these foreign nationals are not offered an immigration visa or permanent residency upon arrival. However, the decision to end temporary protected status for Honduran nationals living in the United States has received both criticism and praise. DHS Argument for Ending Honduran Temporary Protected Status Hondurans aren’t the only foreign nationals that will soon see an end to their temporary protected status in the United States. A year earlier on January 5, 2019, protected status will end for the 2,500 Nicaraguans currently living in the United States under the designation. As well, the temporary protected status for Salvadorans and Haitians will also terminate. These two groups of immigrants represent the largest and second-largest group of foreign nationals in the United States under the protected status designation. Yet, the decision to terminate TPS for Hondurans presents a different set of circumstances. Many of the 86,000 Hondurans living in the United States have been here since 1999, and when protected status they will have lived and worked in the United States for over 20 years. Even these individuals will need to depart the United States in the next 18 months, unless they are able to obtain a different legal status here. DHS offered a specific set of arguments for ending temporary protected status for these Honduran nationals. First, the government reiterated that temporary status wasn’t then and isn’t now meant to provide a permanent solution for these individuals. There was always an expectation by the United States government and the foreign nationals arriving under this designation that the status would end. Second, DHS stated that the current problems and difficulties in Honduras are unrelated to the hurricane in 1998, rather longstanding and extensive issues that wouldn’t be solved during another extension of the status. Next Steps for Individuals Under Temporary Protected Status These recent decisions by DHS to end temporary protected status for Hondurans, Salvadorans, Haitians, and Nicaraguans presents a new set of problems for the individuals that once arrived under duress in the United States. And the options are limited. Individuals from these countries must secure a new legal right to stay in the United States or return to their home country. Individuals that remain in the United States past the expiration of TPS will be undocumented and illegal in the United States. For Hondurans, that means now is the time to apply for the 18-month extension of temporary protected status until January 5, 2020. Without receiving approval of this final extension, there is no right to work in the United States. As well, all individuals that face removal or deportation in 2019 and 2002 should begin seeking assistance for permanent residency or another legal status. If you need to speak with a New York immigration lawyer familiar with the process of temporary protected status, permanent residency, and fighting deportation, then contact the team at The Law Firm of Kyce Siddiqi. Our Long Island office can be reached at 888-915-7333.