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Travel to Belarus for Children with Dual Citizenship

September 26, 2014

Travel to Belarus for Children with Dual Citizenship

Author: Immigration attorney Alena Shautsova

The laws of the Belarus allow children under 16 years old to have a dual citizenship. When a child of a Belarusian citizen is born abroad, he or she automatically becomes a Belarusian citizen as well.

When traveling to Belarus the first time after the child’s birth, parents should know certain requirements and particularities that would help to avoid issues at the Belarusian/Russian border.

To wit, a Belarusian citizen child may return to Belarus using a document called “Permission to Return to the Motherland.” The permission gives the child a right to come to Belarus ONCE. The child will not be able to exit the country using the same document or his/her foreign passport, if that passport did not contain a Belarusian visa.

The only possible way the child will be able to exist Belarus if the child will hold  a Belarusian passport. It means that while planning a trip to Belarus, the parents must also take with them child’s birth certificate with apostile.   The apostile is a necessary attachment to the birth certificate, with it the Belarusian authorities will not consider the certificate.  Further, upon arrival, the birth certificate and apostile must be translated and notarized.

The procedure of applying for the child’s Belarusian passport in Belarus starts with the child’s registration at  the place of residence in Belarus; further an application form with passport photos must be submitted. If the parents would like to speed up the process of passport issuance, they will need to pay a small fee, otherwise, children receive passports in Belarus free of charge.

When the child reaches 16 years old, he/she will need to choose the citizen of which country he/she would like to remain.

Another important fact is that if the child travels to Belarus with one parent, the Belarusian authorities will need to see a notarized permission from the other parent allowing the child to be crossing the Belarusian border while leaving the country. Such a permission may be obtained in the Belarusian consulate abroad.

 

 

 

 

Do I Need to Renew Green Card Prior to Citizenship Application?

August 9, 2014

Do I Need to Renew Green Card Prior to Citizenship Application?

Author: New York Immigration lawyer Alena Shautsova

Many permanent residents have a question as to what they need to do if they are eligible for naturalization, but their green card or permanent resident card has expired: do they renew it first, or shall they just apply for citizenship?

The Immigration laws require that permanent residents over age 18 be in possession of a permanent resident card. INA § 264.

As such, if an individual applies for naturalization six months or more before the expiration on his/her permanent resident card (Green Card), he/she does not have to apply for a new card. However, he/she may apply for a renewal card by using Form I-90, Application to Replace Permanent Resident Card.
If an individual applied for naturalization less than six months before the expiration date on his/her Permanent Resident Card, or did not apply for naturalization until the card had already expired, then he/she must renew his/her card.

If the card was lost, the card must be renewed/restored before applying for citizenship.

They Give it: They Can Take it Back: How DHS Can Take Your Passport Away

March 14, 2014

They Give it: They Can Take it Back: How DHS Can Take Your Passport Away

Author: Immigration attorney Alena Shautsova

There are two main ways a person may obtain US citizenship: by being born in the US or its territory and via naturalization. Naturalization is a process of conveying US citizenship on an individual who originally held a different citizenship or was a person with no citizenship at all.

It has been said that there is no distinction between US born citizens and those who received citizenship via naturalization. However, one major distinction between the two kinds of citizenship does exist:  the second kind can be taken away from an individual even if he or she has been in citizenship status for decades.

This happened to Hzim who originally received his citizenship in 1989. Even though for decades he held the title of US citizenship and traveled overseas, in 2011, the US Department of Homeland Security decided to “take back” his citizenship, saying that they made a mistake in 1989…

The mistake was that somebody in INS (Immigration and Naturalization Services (USCIS used to be called this way)) did not check all the requirements for Hazim’s naturalization and mistakenly believed Hazim’s father conveyed his citizenship to Hazim…. Even though there was no Hazim’s fault in it all, and even though he did not lie to the US government in any way, the Federal Court, 2nd District said it cannot stop Immigration authorities from taking Hazim’s citizenship away over twenty years later…

Of course, despite the fact that they are taking his citizenship away, Immigration promised Hazim that there are Other means of correcting the situation, but it seems that Hazim should not be the one paying for someone’s lack of qualification and expertise…

That is why it is strongly advisable that everybody who is applying for citizenship, consult with an Immigration attorney to make sure Hazim’s story would not repeat itself.

 

How to Get Citizenship

April 15, 2013

How to get citizenship is a question of many immigrants. The immigration reform drafters are also discussing paths for citizenship for undocumented workers. However, no matter what they will decide, to get citizenship, one have to first obtain a green card or permanent resident status. Provided, of course, the laws will not be drastically changed in the nearest future.

The only way to get citizenship without obtaining permanent resident status first, is by being born on the US territory or by being born to or being adopted by the US citizens (provided other conditions for automatic citizenship are met).
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I have married a US Citizen, now what? (citizen married to non citizen)

December 15, 2012

I’m sure we all know that by just marrying a US citizen you are not granted citizenship immediately right? Wrong, many people are unaware that paperwork has to be filed, and more importantly that after the paperwork is reviewed it can be stamped with that 6 letter word everyone fears the most, DENIED. Wondering what to do next after you have married a US Citizen? The first step is simple file for a green card; however, most immigrants overlook minor details, omit information, or just rush to hand in their application once they are legally hitched.

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