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USCIS Government Regulations

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    Entry Regulations

    • Some immigrants are presumed lawful under Section 101.0.america map image by Vladislav Gajic from Fotolia.com

      The USCIS sets aside regulations for individuals who may have entered into the United States without a record, but these regulations are tied to specific deadlines depending on the original date of entry. Any "alien" that can establish he entered the U.S. before June 30, 1906, is presumed to have entered lawfully. Citizens of Canada who crossed the border before October 1, 1906, or Mexican citizens entering prior to July 1, 1908, are also presumed to be lawful immigrants to the U.S. Chinese and Japanese immigrants and their children who are under 21 years old who entered the United States before July 1, 1924, are regarded as legal immigrants. This regulation also applies to U.S. Virgin Islands immigrants who entered the U.S. Virgin Islands before July 1, 1938, even if records show they entered before that date as nonimmigrants.

      The dates are based on legislation that made prior immigration legal, or the addition of other territories to the United States.

    Diplomatic Regulations

    Adoption Regulations

    • The USCIS regulates foreign adoptions by American parents.baby image by andrey polichenko from Fotolia.com

      When citizens of the United States wish to adopt children born in another nation, they're required to file paperwork to ensure that the child is considered a legal immigrant. Those individuals wishing to adopt a foreign child must prove they possess the ability to provide care for the child and that they intend to provide it. Additionally, the U.S. citizen must provide proof of citizenship when completing the necessary adoption forms.

    Military Service Regulations

    • Serving in the military with honor is a path to citizenship for some immigrants.military image by T.Tulic from Fotolia.com

      Immigrants that enlist to serve in the military or who have served honorably may petition the U.S. government for U.S. citizenship under Section 204.9 of Title 8. A person may petition for citizenship as an Armed Forces special immigrant if she was on active duty outside of the U.S. after Oct. 15, 1978, for a time totaling 12 years or if she's an immigrant that's already on active duty who has reenlisted and will serve at least 12 years on active duty. The nation from which the immigrant originates must allow its citizens to enlist in the U.S. Armed Forces for the immigrant to be eligible to apply for citizenship as an Armed Forces special immigrant.

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