Citizenship Harder To Prove Through Fathers
Recent Cases
An immigration law that extends citizenship to children whose mothers are naturalized does not violate due process by not following the same rule for fathers, the 2nd Circuit ruled.
Otis Grant, a Jamaican citizen, was convicted in 1996 of second-degree murder. He challenged the Board of Immigration Appeals' ruling that he should be deported, arguing that his father was naturalized before Grant's 18th birthday and that he should have derivative citizenship. The immigration judge disagreed, stating that Grant was not entitled to citizenship because his father did not have legal custody of him.
A three-judge panel decided not to focus on the custody issue. Instead, it ruled that in order for a father to confer citizenship on his child, the father must legitimize him, acknowledge him or prove paternity.
"A mother's parental status is verifiable from the birth itself," the court ruled. "There is no such obvious or compelling proof of a father's status."
Using that reasoning, the court ruled that Grant's rights to equal protection and due process were not violated. The court denied Grant's petition to review his deportation.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.