Acquisition of Citizenship Acquisition

1
Acquisition of Citizenship(Acquisition)
2
Avenues to Citizenship(Principles found in the
Laws of most Countries)

• Birth in a country
• Birth outside of the country to 1 or more citizen
  parents
• Acquisition of citizenship in a country where
  neither the person nor his parents were born

3

• Birth within a country Jus Soli

• Birth outside of the country to 1 or more
  citizen parents Jus Sanguinis

• Acquisition of citizenship in a country where
  neither the person nor his parents were born
  Naturalization

4
Dual or More Nationalities

• Nothing other than a nations own laws may
  preclude the possibility of multiple
  nationalities.
• Nationality is for each country to define
• Guiding principle is that of avoiding
  statelessness
• Historically dual nationality was also to be
  avoided

5
Mother (Citizen of A)
Father (Citizen of B)
Child (Child born in C)
Child could be a citizen of 3 countries if C
applies jus soli and A and B apply jus sanguinis
6
U.S. law and the laws of many other countries
allow for this multiple nationality possibility.

• U.S. law provides for renunciation of other
  citizenship upon naturalization
• But a full and effective renunciation may not be
  enforceable by the U.S.
• The U.S. could, but does not condition
  naturalization on full relinquishment of
  citizenship of other citizenships.
• Consider the implications of such a condition
• Some countries do not recognize renunciation
• Even U.S. law only recognizes renunciation of
  U.S. citizenship when it is done in a formal
  process overseas before a U.S. Consul after
  extensive warnings of the consequences.

7
U.S. Law of Citizenship
8
Birth in the U.S.(Constitutional Citizenship)

• All persons born in the U.S. and subject to
  jurisdiction are citizens
• Based on the 14th Amendment enacted after the
  civil war
• Perhaps the most durable form of citizenship
  because it is based in the Constitution
• Does not include children of accredited diplomats

9
Citizenship by Overseas Birth to U.S. Citizen
Parent/s(Statutory citizenship)

• No right to such citizenship
• This citizenship is subject to congressional
  (statutory) restrictions and has been amended
  often
• The most recent amendment was in 2000 Child
  Citizenship Act of 2000
• Allows foreign born children (biological or
  adopted) to become USC automatically

10
Naturalization(Art. 1, Sec. 8 clause 4)

• Procedure through which an alien becomes a U.S.
  citizen
• Prerequisites
• Permanent residence
• 18 years of age except where derivative
  beneficiary of parents naturalization
• residence in state for at least 3 months in the
  state where application is filed

11

• Resident for 5 years or 3 years depending on how
  LPR status was obtained
• Physical presence for at least 1/2 of the above
  period
• Good moral character
• Attachment to the principles of the U.S.
  Constitution
• Willingness to bear arms or provide noncombat
  service

12
Loss of Citizenship
13

• While permanent residency may be lost by
  abandonment, citizenship may only be lost by
  voluntary renunciation.
• Statutory provisions governing loss of
  citizenship have for the most part been found to
  be unconstitutional
• However, since citizenship obtained through
  naturalization is governed by the plenary powers
  of Congress to determine the rules of
  naturalization,

14

• But these have been negated by court decisions
  placing the burden on the government to prove
  that act was voluntary and intended as
  relinquishment of US citizenship

15
Denaturalization

• Loss of citizenship acquired by route of
  permanent residence is easier to lose than
  citizenship acquired by birth in the U.S.
• The basic pre-requisite for denaturalization is
  for the government to establish that the
  naturalization was illegally procured or that a
  material fact which would have rendered the
  applicant was concealed. Fraud

16
Loss of Nationality by Action(As provided in the
INA)

• Foreign naturalization
• Military service
• Accepting position in foreign government
• Act of treason
• These provisions were interpreted as presumptive
  of an intent to relinquish U.S. citizenship

Notwithstanding these statutory provisions, the
Supreme Court has interpreted the law as
precluding anything other than voluntary
relinquishment.
17

• Therefore there are different rules governing
  naturalized v. citizens by birth.
• Persons who are naturalized may lose their
  citizenship through denaturalization or
  renunciation.
• Persons who acquire citizenship at birth (or
  naturalization) may only lose their citizenship
  by their own actions (voluntary relinquishment).
• in the past there were provisions requiring
  persons to have resided in the U.S. for certain
  periods of time in order to retain their
  citizenship