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Legal Citations for ILW.COM's Seminar
""I Like To Be An American!": Current Issues In U.S.
Naturalization And Nationality Law "
Part 2 held on August 14, 2003

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From Carmen A. DiPlacido

I. ACQUISITION OF UNITED STATES CITIZENSHIP AT BIRTH

  1. Historical Background
    1. Common Law rule of jus soli—the law of the soil
      1. Wong Kim Ark v. United States, 169 U.S. 649 (1868)
      2. Persons born subject to the “Jurisdiction of the United States”
      3. Persons born in the territories of the United States
    2. The principle of jus sanguinis—the law or right of blood
    1. Blood relationship and other requirements of parent(s) to transmit U.S. citizenship
    2. Weedin v. Chin Bow, 274 U.S. 657 (1927)
    3. American citizen mothers were unable to transmit citizenship prior to May 24, 1934 until the Immigration and Nationality Technical Corrections Act of 1994. (INTCA) P.L. 103-416
  2. Current Laws Governing Acquisition of United States Citizenship at Birth
    1. The law in effect on the date of the person’s birth is the controlling statute unless otherwise specifically altered by subsequent statute
      1. Persons born in the United States
      2. Persons born outside the United States
        1. Children born of two United States citizen parents
        2. Children born of one U.S. citizen parent and one foreign parent
      3. Children born out of wedlock outside the United States to U.S. citizen parents
        1. Children of United States citizen mothers
        2. Children born to a U.S. citizen father and a foreign mother
      4. Retention of U.S. citizenship for persons born abroad of one citizen parent and one foreign parent (condition subsequent to acquisition)
        1. Early statutes affect certain persons’ ability to remain citizens today
        2. Rogers v. Bellei, 401 U.S. 815 (1971)
        3. Defenses to failure to retain citizenship
        4. Elimination of retention requirements
        5. Restoration of citizenship [8 U.S.C. 1435(d)]
    2. Official documentation to prove U.S.citizenship. (22 U.S.C.2705)
      1. Certificate of Citizenship issued by the Immigration and Naturalization Service
      2. A full validity United States Passport issued by the Department of State in the United States and abroad by a United States Consular Officer
      3. Consular Report of Birth Abroad of a Citizen of the United States of America issued by a U.S. Consular Officer for children who acquire citizenship at birth abroad
II. ACQUISITION OF UNITED STATES CITIZENSHIP BY NATURALIZATION.
  1. Requirements Established by Law
  2. Derivative Naturalization
  3. Other Means of Acquiring Citizenship
III. LOSS OF UNITED STATES CITIZENSHIP (NATIONALITY)
  1. Historical Background
    1. Act of July 27, 1868
    2. Act of March 12, 1907
    3. Loss of citizenship for American women who married foreigners prior to September 22, 1922
    4. Nationality Act of 1940
  2. Current State of the Law
    1. Actions causing loss of citizenship
    2. Voluntary performance of actions made expatriating by statute
    3. A citizen’s intent to relinquish citizenship
      1. Afroyim v. Rusk, 387 U.S. 253 (1967)
      2. Attorney General’s Opinion of January 18, 1969 (42 Op. Att’y Gen. No. 34)
      3. Vance v. Terrazas, 444 U.S. 252 (1980)
      4. United States Department of State administrative policy on loss of citizenship. (22 CFR 50.40)
    4. Defenses to loss of citizenship
      1. Unawareness of a claim to citizenship
      2. Involuntariness of the action
      3. Lack of intent
    5. Renunciation of United States citizenship
      1. The clearest, most unequivocal expression of an intent to relinquish citizenship
      2. Process of executing oath of renunciation before a U.S. Consular Officer abroad
    6. Documenting loss of United States citizenship
      1. Certificate of Loss of Nationality issued under 8 U.S.C. 1501
      2. Burden of proof
      3. Restrictions on loss of citizenship for minors
      4. United States tax and immigration consequences of loss of citizenship
    7. Appeals of determinations of loss of citizenship
      1. Administrative review by the Department of State
      2. Appeal before the Department of State Board of Appellate Review
      3. Federal Courts. ( 8 U.S.C. 1503 )
IV. DUAL NATIONALITY
  1. How Dual Nationality Occurs
  2. United States Policy on Dual Nationality
  3. Problems of Dual Nationality


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