Foreigners Need Immigration Status to Avoid Deportation/Detention

Foreign nationals must maintain lawful immigration status while in the US. Those without it may potentially be subject to detention and/or removal/deportation, even if they have a pending green card case or certain pending nonimmigrant status. Exceptions apply. Although this has long been the law, it was not previously enforced. The contents of this posting are for informational purposes only and do not create an attorney-client relationship or constitute legal advice. #I130 #I360 #I140 #H1B #L #R #WorkVisa #ExpiredStatus #PendingStatus #Overstay #GreenCard #Undocumented #LawfulStatus #ImmigrationNews #ImmigrationAttorney #AikWanKok

Family Members Residing in the US With a Pending Green Card but Without Lawful Status May be Detained and Removed/Deported

Family-based green card cases - currently pending or filed in the future - will face heightened scrutiny and increased immigration enforcement - including detention and removal/deportation if the foreign national beneficiaries reside in the U.S. without relevant lawful immigration status. Although this has long been the law, it was not previously enforced. See: (1) USCIS Alert - https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy (2) USCIS Policy Alert - https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250801-FamilyBasedImmigrants.pdf (3) USCIS Policy Manual - https://www.uscis.gov/policy.../volume-6-part-b-chapter-5 #I130 #NTA #Removal #Deportation #USCISPolicy #GreenCard #Undocumented #LawfulStatus #ImmigrationNews #ImmigrationAttorney #AikWanKok

Birth in the U.S. May No Longer Guarantee U.S. Citizenship

In the future, certain individuals born in the U.S. may no longer acquire U.S. citizenship at birth unless their father held U.S. citizenship or lawful permanent resident (green card) status at the time of their birth, if either of the following applies: (1) Their mother was unlawfully present in the United States at the time of birth; or (2) Their mother’s presence in the United States was lawful but temporary -such as a student, tourist, or temporary worker The implementation of these changes is pending court proceedings. See: USCIS Implementation Plan | Citizenship at Birth - PDF - USCIS Link: https://www.uscis.gov/sites/default/files/document/policy-alerts/IP-2025-0001-USCIS_Implementation_Plan_of_Executive_Order_14160%20%E2%80%93%20Protecting_the_Meaning_and_Value_of_American_Citizenship.pdf

How US Citizens by Birth or Via Naturalization May Lose Their Citizenship | deCitizenship & deNaturalization

U.S. citizens by birth or through naturalization may lose their U.S. citizenship through "decitizenship" or denaturalization. See: (1) 8 U.S.C. § 1481 – Loss of nationality https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1481&num=0&edition=prelim (2) INA § 349 (8 U.S.C. § 1481) – USCIS Overview https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act (3) U.S. Department of Justice – Memorandum on the Top Five Civil Enforcement Priorities, Including Denaturalization https://www.justice.gov/civil/media/1404046/dl?inline#Denaturalization (4) USCIS Policy Manual | Grounds for Revocation of Naturalization https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2 (5) 8 U.S.C. § 1451 - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim #deCitizenship #deNaturalization #DOJ #USCIS #DHS #ImmigrationNews #ImmigrationAttorney #AikWanKok

How to Lose Your US Citizenship

A U.S. citizen by birth or through naturalization may lose their citizenship under certain circumstances. Generally, the standard of proof is a preponderance of the evidence - lower than the standard in a criminal case. See: (1) 8 U.S.C. § 1481 – Loss of nationality https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1481&num=0&edition=prelim (2) U.S. Department of Justice – Memo on the Top Five Civil Enforcement Priorities, Including Denaturalization https://www.justice.gov/civil/media/1404046/dl?inline&fbclid=IwY2xjawLx4bVleHRuA2FlbQIxMABicmlkETFBbjFBd1VzQUFCRHNxY1QyAR4xeht8p8H9ZvhhflUkPo8BtIQ3k830gbfOuRNn7vK4kJTLOdG0PejnbbtiNA_aem_2wNHGJ9LyRAE-9pb6ZBf1Q#Denaturalization Page 3-4 (3) USCIS Policy Manual | Grounds for Revocation of Naturalization https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2 (4) INA § 349 (8 U.S.C. § 1481) – USCIS Overview https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act?fbclid=IwY2xjawLx4gxleHRuA2FlbQIxMABicmlkETFBbjFBd1VzQUFCRHNxY1QyAR7B2A3_4SAjNLyus9VuVEmc-ekxfidBzVk6EKipyvtQMSPWndrXJx5iaiiitg_aem_tukLzoph2_NIY-fg-J3Eaw (5) 8 U.S.C. § 1451 - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim