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Derivative Citizenship

http://www.shusterman.com This presentation discusses the laws which determine which persons born abroad are U.S. citizens. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html US immigration laws allow certain persons born abroad to "acquire" or "derive" US citizenship through their parents and sometimes through their grandparents. There are multiple strategies for proving that you are a U.S. citizen even though you were not born in the U.S. You may want to apply for a U.S. passport, or alternately, you can apply for a Certificate of Citizenship from the USCIS using form N-600. For additional information regarding derivative citizenship, please see Our US Citizenship through Parents page at http://shusterman.com/americancitizenshipthroughparents.html

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Derivative Citizenship

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  1. Derivative Citizenship Carl Shusterman (Los Angeles, CA) 2010 Immigration and Nationality Law Conference Austin, TX October 20-22, 2010

  2. How People Become U.S. Citizens • By Birth- in the U.S., Puerto Rico, Guam or U.S. Virgin Islands • By Naturalization • By Derivative Citizenship

  3. Derivative Citizenship • Citizenship at Birth through Acquisitionthrough Parents/Grandparents • Citizenship by Derivation While a Minor through Parents

  4. Ever-Changing Laws • Derivative Citizenship Laws Changed in 1934, 1940, 1952, 1978, 1984, 1996 and 2000 • Difficult to Find Old Laws • Some People Lost Citizenship Under the Old Laws and Gained it Back Under More Recent Laws

  5. USCIS Citizenship Charts • Chart #1- Acquisition of Citizenship of Children Born Abroad in Wedlock • Chart #2- Acquisition of Citizenship of Children Born Abroad out of Wedlock • Chart #3- Derivative Citizenship • Chart #4- Natural or Adoptive Child of U.S. Citizen

  6. The Citizenship Waltz 1) Date of Child’s Birth 2) One or Both Parents Citizens? 3) Residency/Physical Presence of Parents in U.S. Prior to Child’s Birth 4) Retention Requirement (Obsolete)

  7. Derivative Citizenship vs. Deportation Mr. Garcia’s Story • Aggravated Felonies • NTA Issued • 53 Attorneys Say “No Can Do!” • Lawful Permanent Resident • Parents Naturalized before his 16th Birthday • The “Removal” Hearing

  8. Citizenship Through Great- Grandparents Brian Olsen’s Story • Brian and His Parents & Grandparents • were all born in Canada • His Great-Grandparents were all born in the U.S. • Although his Grandparents and Parents were all born in Canada, they were born prior to 1934, making Brian a citizen at birth

  9. The Attorney’s Role • Always ask where client’s parents and grandparents were born • Consult the Derivative Charts and the USCIS Interpretations • Read Sections 320 and 322 of the Immigration and Nationality Act, but don’t forget to check prior law • GOOD LUCK!

  10. Questions & Answers

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