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Obtaining Citizenship in the U.S.

http://www.shusterman.com This presentation discusses how to become a U.S. citizen through naturalization. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html. To become a US citizen through naturalization, you must: 1.Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years (although there are certain exceptions to this requirement for persons who have honorable service in the U.S. Armed Forces); 2.Be physically present in the United States for over 50% of the required residency period; 3.Be a person of good moral character; 4.Take an oath of loyalty to the United States; 5.Be able to speak, read and write simple words and phrases in the English language (although there are certain exceptions to this rule); and 6.Pass a test in U.S. history and government. US citizens are eligible to sponsor the following relatives for green cards: 1. Spouses 2. Children 3. Parents 4. Brothers and sisters 5. Unmarried adult sons and daughters 6. Married sons and daughters For more information please see our US Citizenship Page at http://shusterman.com/uscitizenship.html

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Obtaining Citizenship in the U.S.

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  1. Obtaining Citizenship in the U.S. Carl Shusterman Pincus Immigration Boot Camp March 4, 2011

  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

  10. Questions & Answers

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