Monday, July 26, 2010

You may already be an American Citizen


With the advent of stricter immigration laws, such as the one in Arizona, requiring residents to carry proof of citizenship, there may be an entire sector of the population whose rights are being affected without their knowledge.
While, most Americans are citizens either by birth or through naturalization, there are many others who are citizens through other parts of immigration law and don't even know it. These people often will have no documentation or even believe themselves to be "illegal" aliens, however if one is a citizen by law, the lack of documentation will never change that fact. A citizen by law does not need to take any citizenship or naturalization test to become citizens, they just need to obtain the proof of their citizenship.
This article is not a discussion regarding amnesty. Specifically, the article focuses on the possibility of one's citizenship status by virtue of their parent's or grandparent's citizenship status, or their place of birth.
There are certain laws that dictate how one can become a citizen. It is common knowledge that if one is born within the United States, they are citizens. However, there are also instances of citizenship for those born outside the United States.
While the laws have changed over time, so one should always consult with an immigration attorney, there are some typical instances where one may already be a citizen even if born outside of the United States.
For instance, under certain circumstances, a child born to American citizens outside of the United States may also be American citizens. Factors to consider may be the length of time the American parent resided in the United States, or whether the parents were married at the time of the birth.
One can also become a citizen by law even if they are not citizens at birth. It is possible to acquire American citizenship through your parent. This typically can occur if one's parent becomes a naturalized citizen while they are a minor. An example of this would be if one had a green card as a minor, but during that time their parent becomes a naturalized citizen. In such a case, the minor would not need to take a citizenship test, as they may be a citizen by law and not even aware of it. It likely is not uncommon for some of those minors to believe that they have become undocumented aliens when their green card expires.
It is in those cases, that one should absolutely consult with an immigration attorney to obtain a professional opinion on their case. As an undocumented citizen, one could face potential detention by immigration authorities even though they are a United States citizen, simply for a lack of proof. With proper advice and planning, one could establish their legitimate claim to citizenship and avoid an unnecessary deportation proceeding by obtaining their certificate of citizenship or U.S. passport.

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