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Citizenship Archives

When a spouse with conditional residency cheats

Some U.S. citizens in California who marry foreign nationals may later find out their spouses are cheating before they have received their permanent resident cards. When that occurs, the U.S. citizen may want to prevent the other spouse from gaining permanent residency status based upon the marriage.

Eligible immigrants face obstacles to citizenship

Immigrants in California who have green cards may want to become naturalized citizens but might face a number of obstacles. One of those is financial. With the naturalization fee set at $680 with no refund if the application is denied and no cap for families, many immigrants may opt for the less expensive and complicated green card renewal instead.

The legal history behind birthright citizenship

California readers may have heard about Donald Trump's call to end "birthright citizenship" in the United States. However, the important legal case that made birthright citizenship the law of the land nearly 120 years ago may make the Republican presidential candidate's plan difficult to achieve.

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.

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