The Law Offices of John R. Alcorn, APC

Free initial telephone consultation 949-751-6574

Citizenship Archives

Citizenship for children of naturalized parents

Children in California who have at least one U.S. citizen or naturalized parent are automatically considered U.S. citizens. A person who was under the age of 18 when one of their parents naturalized does not need to apply for naturalization. To prove U.S. citizenship, a person in this situation could simply apply for a U.S. passport or a Certificate of Citizenship.

Appeals court rules immigration law unconstitutional

California residents may not know that immigration laws sometimes treat men and women differently. The Immigration and Nationality Act of 1952 is one such law, and one of its key provisions was ruled unconstitutional by a federal appeals court on July 8. The contentious provision imposed a five-year residency requirement before fathers who are U.S. citizens could confer citizenship to their children born out of wedlock in another country to a non-U.S. citizen. The law only required unwed mothers in a similar circumstance to live in the United States for one year before their children would be considered citizens.

Court rules against automatic citizenship for American Samoans

The hopes of pursuing a law enforcement career in California were dashed for an American Samoan man when he was informed that he did not meet the U.S. citizenship requirement. The man subsequently filed a lawsuit that sought to see those who are born in an unincorporated American territory like American Samoa granted the same citizenship rights as those born in Puerto Rico, but the U.S. Court of Appeals for the District of Columbia Circuit preserved the current law in a June 5 ruling.

Dual citizenship for naturalized citizens

Individuals in California who are considering becoming naturalized with dual citizenship or who may have children with dual citizenship should keep in mind that this may have implications for taxes and other issues. The United States taxes its citizens on their worldwide income, but it has tax treaties with a number of countries that prevent double taxation. People should check to see what their tax status would be with the other country where they are also a citizen.

Loss of citizenship as a naturalized citizen

Individuals in California who are naturalized citizens may wonder if there are any grounds under which their citizenship can be revoked. There are a few limited grounds for revoking the citizenship of a naturalized citizen, but the burden of proof is higher than in most civil cases. Furthermore, an individual has the right to appeal.

What to expect at the naturalization ceremony

A person in California who has had their Application for Naturalization accepted will complete the process of becoming a U.S. citizen by going through a naturalization ceremony. At the naturalization ceremony, the individual will take the Oath of Allegiance before being handed their Certificate of Naturalization.

What are the benefits of becoming a U.S. citizen?

For those in California wishing to become a naturalized United States citizen, there are no shortage of benefits to doing so. Children who are born abroad to parents who are U.S. citizens are citizens no matter where they are born, but there are several other paths to naturalization. A citizen will also have the ability to ask for assistance from the United States government while traveling abroad due to having a U.S. passport.

Residency requirements to become a naturalized citizen

Permanent residents in the United States must meet certain standards prior to obtaining citizenship. Generally, permanent residents must prove that they were residents of California or another state for a continuous period of five years. They must also prove that they were physically in the country for 30 months in the five-year period before applying or 18 months within the last three years for qualified spouses of citizens.

Examining the criteria for citizenship through military service

California residents who are seeking U.S. citizenship may be interested in one way to make it happen more quickly. Under U.S. law, military service often provides a faster track toward naturalization.

Citizenship and dual nationality

As California residents may know, when an individual owes allegiance to two countries simultaneously, they are considered to be a dual national. Countries have laws that speak to this issue. In the U.S., the law does not deal with dual nationality other than to acknowledge it exists. When a foreign national becomes a U.S. citizen, the U.S. does not force the individual to choose.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber