Derivative Citizenship

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Derivative Citizenship

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

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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

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Derivative Citizenship

• Citizenship at Birth through Acquisition through
  Parents/Grandparents
• Citizenship by Derivation While a Minor through
  Parents

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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

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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

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The Citizenship Waltz

• 1) Date of Childs Birth
• 2) One or Both Parents Citizens?
• 3) Residency/Physical Presence of
• Parents in U.S. Prior to Childs Birth
• 4) Retention Requirement (Obsolete)

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Derivative Citizenship vs. Deportation
Mr. Garcias Story

• Aggravated Felonies
• NTA Issued
• 53 Attorneys Say No Can Do!
• Lawful Permanent Resident
• Parents Naturalized before his 16th Birthday
• The Removal Hearing

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Citizenship Through Great- Grandparents

• Brian Olsens 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

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The Attorneys Role

• Always ask where clients 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 dont forget to check prior
  law
• GOOD LUCK!

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Questions Answers