Immigration law provides special provisions for the naturalization of children who are under the age of 18. A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship.

To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child. A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States. There are exemptions benefiting children of active-duty members of the military stationed abroad.

Te Board of Alien Labor Certification Appeals confirmed a denial of a PERM application where the employer failed to file the application or commence recruitment during the prevailing wage validity period. (Matter of Quadrille Wallpapers, 12/15/10). As one can see from this decision, prevailing wage determinations play a central role in PERM process. Not only the amount of the wage but also the prevailing wage validity period need to be closely watched and observed for a PERM application to be successful.

USCIS Director Alejandro N. Mayorkas to Senator Patrick J. Leahy (D-VT), Chair of the Senate Judiciary Committee, confirming that an EB-5 regional center may rely on jobs indirectly created outside its geographic boundaries. This answers an on-going question if immigrant petition will be successful when the regional center jobs were created outside its geographic boundaries.

New York Office

575 Madison Avenue 23rd Fl
New York, NY 10022
TEL: 646.308.1215
FAX: 917.210.4001

New Jersey Office

640 E. Palisade Ave. 3rd F.
Englewood Cliffs, NJ 07632
TEL: 201.886.2400
FAX: 917.210.4001

Silicon Valley Office

1250 Oakmead Parkway,
Suite 210
Sunnyvale, CA 94085
Tel: 650.856.2500
Fax: 917.210.4001