MARIO, was admitted to the United States as a lawful permanent resident (green card holder) when he was 18 years old. Now he wants to apply for citizenship, but the application is asking about something called “selective service.” He doesn’t know what this is. Will this bar him from his application to become a U.S. citizen?
Lualhati thought she acquired U.S. citizenship through her newly naturalized parent and has submitted an application for a U.S. passport at her local passport agency. However, it has been several months since her application was first submitted, and she has been passed on from one passport agent to the next, telling her different things about additional documents that she needs to submit. What else can she do?
Crispin, a U.S. citizen, is a newlywed who just found great news that his wife is pregnant with their first born. However, his employer just informed him that he will need to be transferred overseas, and therefore his wife might give birth to their child while living abroad. Is his child still going to be a U.S. citizen?
In Lualhati’s case, it is likely that local passport agents do not know what to do with out-of-the-ordinary applications such as hers, or their requests did not specifically spell out the magic words that local agents are trained to look out for in processing such applications. Lualhati might have to be re-submit her respective application, and this time around very clearly outline the basis upon which she is resting her claims to citizenship and why it is that the Department of State must issue them a much-coveted United States passport.
For Crispin, he will have to look at the immigration laws that are in place at the time of his child’s birth. Likely, he will have to execute a “Consular Report of Birth Abroad.”
For Mario, it might be a little complicated. Males between ages 18 – 26 are required by law to register for Selective Service. It is the law, period. He will have to explain why it was he failed to abide by this law.
Acquisition of U.S. Citizenship at Birth. A child born in the United States is automatically a citizen of the United States. A child born outside of the United States where one or both of his parents are United States citizens may also acquire U.S. citizenship. For children born abroad to acquire US citizenship, there is a requirement that the USC parent must have resided or have been physically present in the United States for certain time periods prior to the birth of the child so that he or she may “transmit” citizenship. The transmission requirements are established by the law in effect at the time of the child’s birth. If the parent is a naturalized US citizen, the time both before and after naturalization can be counted in determining transmission by the parent.
Acquisition of U.S. Citizenship Through Naturalization of a Parent. Under the Child Citizenship Act (CCA) of 2000, a child could be a derivative US citizen when: (i) one parent is a citizen by birth or naturalization; (ii) the child is under 18 years old; (iii) the child is a lawful permanent resident; (iv) the child is residing in the United States in the legal and physical custody of the US citizen parent. Under the CCA, a child no longer needs to prove that his or her parents were legally separated or divorced if she is in the custody of one parent. However, a child whose parents are legally separated must be in the full or joint custody of the USC parent. In the case of joint custody, physical custody is implied regardless of actual physical custodial situation.
Children born out of wedlock who have not been legitimated are eligible for derivative citizenship when the mother becomes a naturalized citizen. However, for children born out of wedlock seeking to claim derivative US citizenship through their father, the claim may be based on the legitimation laws of any jurisdiction where the father or the child resided or was domiciled, between the child’s birthday and his or her 18th birthday.
Those who might have a claim to US citizenship should consult with an experienced, licensed immigration attorney to obtain an in-depth consultation about the law, what the law requires, and how to proceed. In addition and more importantly, people should be wary of online tools that offer immigration help or notarios who are not licensed to practice law.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
