USA Citizenship: Acquisition, Loss, and Implications for Baby Archie

1. WHAT IS USA CITIZENSHIP? HOW DOES ONE ACQUIRE IT? LOSE IT?WILL MEGHAN MARKLE’S BABY BE A U.S. CITIZEN? JOHNSON COUNTY BAR ASSOCIATION CLE BY THE HOUR 6/21/19 KATHLEEN A. HARVEY, RETIRED IMMIGRATION ATTORNEY

2. USA CITIZENSHIP – HOW IS IT ACQUIRED? HOW IS IT LOST? BY BIRTH: LATEST UPDATE: TRUMP’S BIRTHRIGHT PLAN vs.THE U.S. CONSTITUTION: HERE’S WHO WINS “Trump Is Denying Citizenship to Children of Same-Sex Couples”

4. 14th AMENDMENT TO THE U.S. CONSTITUTION -- 1868 Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside

5. JUS SANGUINE “RIGHT OF BLOOD” Who knew this could be a hot topic today? BABY ARCHIE IS “BORN ABROAD” --- IS HE A USC NOW? CAN HE BE KING? SERVE IN THE UK MILITARY???

6. US Citizenship child born abroad A person born abroad in wedlock to a U.S. citizen mother and a U.S. citizen father acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA), if one of the parents has had a residence in the United States or one of its outlying possessions prior to the person's birth.

8. NATURALIZATION OPPORTUNITY

10. HOW IS CITIZENSHIP LOST? VOLUNTARILY CONVICTED OF TREASON PROVIDING FALSE INFORMATION TO GAIN U.S. CITIZENSHIP

11. WHAT IS A U.S. NATIONAL? ISN’T THAT THE SAME AS A U.S. CITIZEN? UH…NOPE.

12. THIS IS WHAT TERRIFIES ME! WHERE WILL MIGRANT CHILDREN BE PLACED IF THEY CAN NOT REUNITE WITH RELATIVES??????? CHILD IN NEED OF CARE BEFORE STATE COURT. I HAVE SUCCESSFULLY ARGUED THE FOUNDLING STATUTE BEFORE THE LOCAL U.S. IMMIGRATION OFFICE.

13. NOW LET’S TALK ABOUT WHY YOU REALLY NEED TO KNOW THIS STUFF!!!

14. COUNSELOR, THOU SHALT KNOW THY CLIENT !!!!! WHY MUST AN ATTORNEY ASK CLIENTS ABOUT CITIZENSHIP STATUS?

15. TWO MAIN REASONS: I-9, Employment Eligibility Verification https://www.uscis.gov/i-9 Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.

16. I-864, Affidavit of Support Under Section 213A of the INA https://www.uscis.gov/i-864

17. HAS YOUR CLIENT EVER SPONSORED A FOREIGN CITIZEN FOR A GREEN CARD? DID CLIENT SIGN AN AFFIDAVIT OF SUPPORT? • IS CLIENT NOW DIVORCING A SPOUSE THEY SPONSORED? • HAS YOUR CLIENT EVER HIRED A WORKER AFTER 1986? DO THEY UNDERSTAND I-9 OR E-VERIFY – DO THEY PLAN FOR REGULAR PRIVATE AUDITS? • DO YOU, PRACTICING ATTORNEY, TRUST WHO MANAGES YOUR ON-BOARDING LEGAL REQUIREMENTS? • ARE YOU A BANKRUPTCY ATTORENY, HAVE YOU ASKED YOUR CLIENT IF THEY EVER SIGNED THE AFFIDAVIT OF SUPPORT TO HELP SPONSOR ANYONE FOR A GREEN CARD. • DO YOU, YOUNG ATTORNEY, KNOW HOW THE OBLIGATIONS FOR SUPPORT ARE EXTINQUISHED.

18. 5. ARE YOU A BANKRUPTCY ATTORENY, HAVE YOU ASKED YOUR CLIENT IF THEY EVER SIGNED THE AFFIDAVIT OF SUPPORT TO HELP SPONSOR ANYONE FOR A GREEN CARD. • 6. DO YOU, YOUNG ATTORNEY, KNOW HOW THE OBLIGATIONS FOR SUPPORT ARE EXTINQUISHED.

19. DIVORCE AND AFFIDAVIT OF SUPPORT 9TH CIRCUIT FINDS AFFIDAVIT OF SUPPORT ENFORCEABLE AGAINST EX-SPOUSE DESPITE PRE=NUPTIAL AGREEMENT AND DIVORCE.

20. BANKRUPTCY AND AFFIDAVIT OF SUPPORT --- “DOMESTIC OBLIGATIONS” AND SPONSORS MAY BE HELD FINANCIALLY RESPONSIBLE FOR IMMGRANTS USE OF PUBLIC BENEFITS

21. FINALLY – PERHAPS MOST IMPORTANT OF ALL: “AUDITS, ARRESTS SURGE AS FEDS CRACK DOWN ON EMPLOYERS WHO HIRE ILLEGAL ALIENS”

22. WHO HERE KNOWS WHAT A SOCIAL SECURITY ADMINISTRATION “NO MATCH LETTER” IS/WAS?

23. SO WHAT ARE ALL THESE NEW ISSUES ALL ABOUT? THE END