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NATURALIZATION, CITIZENSHIP & NATIONALITY Naturalization is the procedure of obtaining citizenship in the United States of America. For most immigrants, especially those who are now Lawful Permanent Residents (i.e. have been living in the USA with a "Green Card"), this is the final step in their journey to a new home and new country. Many people know that only U. S. Citizens can vote. There are other disadvantages to remain a permanent resident. For example. on April 23, 2020, the U. S. Supreme Court made it easier to deport legal immigrants. However, a U. S. Citizen cannot be deported except for obtaining citizenship by fraud. But first, it is helpful to know the answers to the question, "Who is a U.S. Citizen?" Who is Born a United States Citizen? Generally, people are born U.S. citizens if they are born in the United States or if they are born to one or two U.S. citizens: (a) By being born in the United States If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. (b) Through birth abroad to two United States citizens In most cases, you are a U.S. citizen if ALL of the following are true: Both your parents were U.S. citizens when you were born; and at least one of your parents lived in the United States at some point in their life. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship." (c) Through birth abroad to ONE United States citizen. In most cases, you are a U.S. citizen if ALL of the following are true: One of your parents was a U.S. citizen when you were born and your citizen parent lived at least 5 years in the United States before you were born; and at least 2 of these 5 years in the United States were after your citizen parent's 14th birthday. “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” The Naturalization Procedure In most cases, citizenship through naturalization is obtained by completing and filing the form known as N-400 Application for Naturalization if one is an adult, and the form N-600 Application for a Certificate of Citizenship, if one is under the age of 18. Payment of the current filing fee must accompany the submission of the N-400 or N-600. Additionally, the applicant must satisfy residency and physical presence requirements which are prescribed by statute. The applicant must also pass a Biometrics/Fingerprints check which includes a search for prior criminal records and a background security check. Finally the applicant must appear for an interview at which time he or she must pass a Test on English and Civics. A new Test has been proposed and will take effect in 2008. When the U S Citizenship and Immigration Services is satisfied that all statutory requirements are met, the applicant will be referred to the local United States District Court for the administration of the Oath of Naturalization, The oath of allegiance is as follows: "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God." In some cases, especially pertaining to religious objections, USCIS allows the oath to be taken without the clauses: ". . .that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by law. . ." The completion of the Oath of Allegiance will confer citizenship. Congratulations! Do Not Forget To Register for Selective Service Anyone interested in becoming a United States Citizen must be aware of the duty to register for Selective Service (also known as the Draft). Selective Service registration makes available to the United States Government a list of names of men who may be called up for military service in case of a national emergency requiring rapid mobilization of the U.S. Armed Forces. By registering all young men, the Selective Service can ensure that any future draft will be fair and equitable. Federal law requires that men who are at least 18 years old, but not yet 26 years old, must register with Selective Service. Included are all male non-citizens within these age limits who permanently reside in the United States. Men with "green cards" (lawful permanent residents) must register and men living in the United States without Immigration documentation (undocumented aliens) must also register (although they may not serve - an interesting paradox). Failure of a non-citizen male between 18-26 of age to register for Selective Service, regardless of whether he has a religious or any other objection to military service, may disqualify him from obtaining U. S. Citizenship. To register for Selective Service on-line click here. A Few Words On Losing Your Citizenship Many people retain lawyers to help them acquire U. S. Citizenship. Few, including natural born citizens, stop to think of how U. S, Citizenship and Nationality can be lost under law. It is important that we all be aware that under the Constitution and Statutes of the United States, it is possible for a U.S. Citizen to lose his or her United States Citizenship and Nationality whether in times of peace or during periods of war and international instability. The process of losing one's U. S. Citizenship and Nationality can also generally be referred to as "expatriation." The Case of John Demjanjuk The most famous case, if not infamous, involving a naturalized U. S. Citizen is that of John Demjanjuk. Born as Ivan Mykolaiovych Demianiuk in Ukraine on April 3, 1920, he emigrated to the USA in 1952 and eventually became a U. S. Citizen. He was suspected of actually being the notorious "Ivan the Terrible" (Ivan Grozny) who committed multiple Holocaust war crimes at the odious Treblinka death camp during the Second World War, including running the gas chambers there (where 850,000 men, women and children, mostly Jews, were killed). In 1977, the U. S. Department of Justice requested the revocation of his U. S. Citizenship before the U. S. District Court for the Northern District of Ohio alleging that he had lied and concealed his true identity when applying for Naturalization. In 1983, Israel requested that he be extradited to stand trial under Israel's Nazis and Nazi Collaborators (Punishment) Law of 1950. He was deported to Israel in 1986, received a trial there and was found guilty of all charges in 1988 and sentenced to death by hanging. In 1993, the Israeli Supreme Court reversed the judgment of the trial court and he was returned to the United States. In that same year, the United States Court of Appeals for the Sixth Circuit ruled that Demjanjuk was a victim of fraud on the court by government investigators and the withholding of exculpating evidence. In 1998, Demjanjuk's U.S. Citizenship was restored to him. In 1999 the U. S. Department of Justice sought once more to de-naturalize him by charging him again, this time not of being Treblinka's "Ivan the Terrible," but instead of having served as a guard at Trawniki, I. G. Okswo, Sobibor, Majdanek, Flossenburg camps and of being a member of the SS that arrested nearly 2 million Jews in Poland. In 2002, his U. S. Citizenship was revoked for a second time, partly because Demjanjuk was unable to refute the evidence against him, including a Trawniki Camp Identification Card identifying him as Guard 1393. He could not explain his whereabouts during the period of time in question. In 2004 the United States Court of Appeals for the Sixth Circuit held that the government had presented "clear, unequivocal and convincing evidence" of his participation in Nazi camps. The United States Supreme Court declined his appeal in the same year. In 2005, an U. S. Immigration Court ordered him deported to Germany, Poland or Ukraine and the Board of Immigration Appeals concurred in 2006. In 2008, both the Sixth Circuit and the U. S. Supreme Court refused to review his appeal. Germany followed-up with a request for extradition. Demjanjuk then filed a Motion to Reopen in U S Immigration Court in Virginia, but the Immigration Court declined jurisdiction. Demjanjuk then filed a Motion to Reopen with the Board of Immigration Appeals, arguing that his deportation would constitute torture, especially in light of his very poor health and frail condition. The government countered that this motion is "patently frivolous" and the BIA agreed. On April 14, 2009, immigration agents took Demjanjuk into custody from his home in Cleveland in the first step to deportation. His son filed for an emergency stay in the Sixth Circuit in Cincinnati which was granted pending fuller consideration on the merits. On May 2, 2009, the Sixth Circuit lifted the stay finding that his flight to Germany via medical air ambulance is not torture. The matter was appealed once again into the United States Supreme Court which denied certiorari without comment. On May 11, 2009, he left the United States, no longer a citizen, and ended up in a prison in Munich, Germany the next day. How A Natural Born Citizen Can Lose Citizenship The protracted litigation over John Demjanjuk involves a foreign born person who had naturalized as an U. S. Citizen. Respecting a natural born U. S. Citizen, that is a person born in the USA, can he or she lose citizenship of the country of natural birth? The answer is yes according to the Immigration and Naturalization Act: Citizenship and Naturalization - Immigration and Naturalization Act §349 (a)--A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality - (1)--obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or (2)--taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years; or (3)--entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serves as a commissioned or non- commissioned officer; or (4)--(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof after attaining the age of eighteen years, if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof after attaining the age of eighteen years, for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or (5)--making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (6)--making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or (7)--committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of Title 18, or willfully performing any act in violation of section 2385 of Title 18, or violating section 2384 of Title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction. (b)--Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily. Beyond the Immigration and Naturalization Act, as amended, the United States Constitution also has something to say on this subject, specifically Article III Section 3 which provides: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Conclusion There is a tendency to view attorneys who help immigrants as simply immigration lawyers, but the practice is actually somewhat broader. Our reading, understanding, and practice is that of U. S. Immigration and Nationality Law. The precious question of how citizenship and nationality, whether by birthright or naturalization, can be gained or lost is one that is governed by Federal law, and ultimately by the Constitution of the United States of America. Caveat /Disclaimer: U.S. immigration statutes, regulations and interpretations of these and other federal, state and local law are subject to change and timely, competent counsel from a qualified legal professional on current and applicable law to particular facts is indispensable. This website provides information of a general nature and such information cannot pertain to any specific set of facts, and the provision of information cannot create any attorney-client relationship. For any particular situation, the visitor should obtain counsel from a qualified legal professional. The publisher reserves the right to amend the contents of this website at any time and for any reason. This website is an ADVERTISEMENT. |
WANGLAW Charleston C. K. Wang, Esq. Immigration and Nationaltiy Lawyers in Cincinnati Ohio USA Serving the World Charleston Wang Immigration Lawyer Cincinnati Ohio Charleston Wang Immigration Attorney Cincinnati Ohio The Wanglaw Building 6924 Plainfield Road Cincinnati, Ohio 45236 United States of America Phones: 513/793-7776 and 513/891-2888 Fax: 513/793-7779 email: charlestonwang@wanglaw.net Copyright 2007-2020 All Rights Reserved to Charleston C. K. Wang, Publisher WANGLAW is a registered tradename This website is an ADVERTISEMENT |
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Remember , remember always that all of us ... are that descended from immigrants and revolutionists. revolutionists. -=Franklin D. Roosevelt before the Daughters of the American Revolution=- We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain inalianable rights, that among these are life, liberty and the pursuit of happiness. . -=The Declaration of Independence of the Thirteen Colonies=- It has pleased Almighty God ... He has largely augmented our free population by emancipation and by immigration, while he has opened to us new sources of wealth, and has crowned the labor of our working-men in every department of industry with abundant rewards. -=President Abraham Lincoln's 1864 Thanksgiving Proclamation=- One more Quote for those inclined: O, wonder! How many goodly creatures are there here! How beauteous mankind is! O brave new world, That has such people in't! "ENGLISH IS SPOKEN HERE" AT WANGLAW USA |
WANGLAW Charleston C. K. Wang, Esq. Immigration and Nationaltiy Lawyers in Cincinnati Ohio USA Serving the World Charleston Wang Immigration Lawyer Cincinnati Ohio Charleston Wang Immigration Attorney Cincinnati Ohio The Wanglaw Building 6924 Plainfield Road Cincinnati, Ohio 45236 United States of America Phones: 513/793-7776 and 513/891-2888 Fax: 513/793-7779 email: charlestonwang@wanglaw.net Copyright 2007-2019 All Rights Reserved to Charleston C. K. Wang, Publisher WANGLAW is a registered tradename This website is an ADVERTISEMENT |