Tag Archive Executive Order

ByPhillip Kim

Trump’s New Executive Action will Exempt Green Card holders and Visa holders.

President Trump’s new executive order on immigration will not include a blanket ban on citizens from Iraq, among a host of other revisions meant to allay legal and diplomatic concerns, people familiar with the matter said.

The White House late Tuesday scrapped plans for Trump to sign a revised travel ban Wednesday afternoon, a person familiar with the matter said, marking the third time the administration has put off the matter since the president said that dangerous people might enter the country without a prohibition in place.

But when it is signed, people familiar with the matter said, the order is still expected to include a host of significant changes. The order will also exempt current visa holders and legal permanent residents, and it will not impose a blanket ban on those from Iraq, where U.S. forces are working with the Iraqis to battle the Islamic State. It will not include an exception for religious minorities, which critics had pointed to as evidence it was meant to discriminate against Muslims. And it will not go into effect immediately when it is signed, people familiar with the matter said.

The decision to delay signing the order came as people on Twitter and elsewhere heaped praise on Trump for his speech Tuesday night to a joint session of Congress. A CNN poll, for example, showed that 7 in 10 people who watched said the address made them feel more optimistic about the direction of the country, and about two-thirds said the president has the right priorities for the nation. The pool of those who watched the speech was about eight points more Republican than the total population.

It was not immediately clear why the White House canceled plans to ink the new executive order, although a White House official did not deny that optics were part of the calculus. “We want the [executive order] to have its own ‘moment,’” an official told the network. A White House spokesman did not immediately return messages seeking comment.

Trump’s original executive order, now frozen by the courts, had barred citizens of seven Muslim-majority countries and all refugees from entering the United States. When it was implemented, the State Department provisionally revoked tens of thousands of visas, and some people who were in transit when it took effect were detained or deported once they reached U.S. airports.

A senior official said on Feb. 22 that the order would be delayed another week, as officials worked to make sure it would be implemented smoothly. The president was slated to sign the order Wednesday, but now, it seems, it will have to wait again. How long is unclear.
(Washington Post)

ByPhillip Kim

Naturalization Process for the Military by Immigration Attorney in Fresno


● While a member of the U.S. armed forces must meet the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the other requirements are either reduced or completely waived. Specifically, qualifying service members and certain veterans are not required to demonstrate residence or physical presence in the United States, and are not required to pay an application fee or a biometrics fee to apply for naturalization. In addition, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.
● The National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving abroad. Before Oct. 1, 2004, service members could only naturalize while physically within the United States.
● The National Defense Authorization Act for Fiscal Year 2008 added Sections which allows certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in Wartime

● Members of the military, who serve during specifically designated periods of hostilities, may qualify for naturalization under this provision if they have served honorably in an active duty status for any period of time, and if that service was during a specifically designated period of hostility.
● Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service member enlisted, or was inducted within the United States or other qualifying geographical area.
● The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present. This section also covers veterans of designated past wars and conflicts.

Service in Peacetime

An individual may qualify for naturalization under this provision if he or she:

● Served honorably in the military for at least one year
● Obtained lawful permanent resident status
● Filed an application while still in the service or within six months of separation.

Application Packet (from a member of the military)
● Application for Naturalization
● Request for Certification of Military or Naval Service
● If applicable, a copy of the USCIS Form I 551, Permanent Resident Card; and
● Two passport-style photographs.
● NOTE – There is no fee for members of the military applying for naturalization under INA Sections 328 or 329.


● Since September 2001, USCIS has naturalized more than 58,300 members of the military, in ceremonies across the United States and in the following 19 countries: Afghanistan, Djibouti, China, Cuba, El Salvador, Germany, Greece, Honduras, Iceland, Iraq, Italy, Japan, Kenya, Kosovo, Kuwait, Philippines, South Korea, Spain, and the United Kingdom.
● Since August 2002, USCIS has granted posthumous citizenship to 130 members of the military.
● Since 2008, USCIS has naturalized 592 military spouses during ceremonies in Bulgaria, China, Germany, Italy, Japan, Kuwait, Panama, South Korea, Spain, Turkey, and the United Kingdom.
● Since 2009, USCIS has presented 19 military children with citizenship certificates during ceremonies in Germany, Japan, South Korea and the United Kingdom.

For More Information. Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742