derivative citizenship: how to prove your u.s. citizenship through your ancestors
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Anthony Price, age 55, was born in Mexico and has lived in the United States almost all his life. Although Anthony was born outside the U.S., he always believed he was a U.S. citizen because he had lived in the U.S. since his very early childhood.TRANSCRIPT
Derivative Citizenship: How To Prove Your U.S. Citizenship Through Your Ancestors
Anthony Price, age 55, was born in Mexico and has lived in the United States almost all his
life. Although Anthony was born outside the U.S., he always believed he was a U.S. citizen
because he had lived in the U.S. since his very early childhood. His parents, spouse and all the
other members of his family always assumed that he was a U.S. citizen. In fact, Anthony
registered for the draft when he was of age as all his friends did at the same time. Later, he
took part and voted in local and national elections like any U.S. citizen has the privilege to
do. Anthony and all his friends and family members knew that Anthony was a U.S.
citizen. Anthony never imagined that his U.S. citizenship would one day be challenged by an
agency of the U.S government and that he actually would have to provide evidence that he
really was a U.S. citizen.
Anthony’s wife was planning a trip to Europe for their wedding anniversary. Although he made
regular trips to and from Mexico in the past, without difficulty, he had never needed a passport
for these trips. That was before the law changed. Now, any U.S. citizen leaving the country
needed to have a U.S. passport. So he submitted an application to the U.S. Passport
Agency. The Agency’s response was startling to Anthony—it claimed that he did not provide
proper evidence to show that he was a U.S. citizen. The agency provided Anthony with a list of
documents that were acceptable evidence of U.S. citizenship. Anthony did not have any of the
listed documents in his possession. Anthony wondered how he could prove his citizenship
without a U.S. birth certificate. Unsure about how to approach the situation, he contacted an
experienced immigration attorney for legal advice.
To his shock, Anthony discovered that much more was at stake here than just getting a
passport or a visit to Europe. Under U.S. immigration law, a person who falsely claimed to be a
U.S. citizen – even if he honestly believed himself to be a U.S. citizen – has committed
a very serious offense. Not only could he be deported – but (with one very narrow exception)
there is no waiver or other relief for such a transgression. The penalty is to
be permanently barred from entering the United States!
Fortunately, Anthony’s attorney was experienced and knowledgeable. The immigration
attorney explained to him that, under specific circumstances, U.S. citizenship could be obtained
through one’s parents or ancestors’ citizenship and residential status in the United States. To
find out whether this applied to Anthony, the attorneys helped Anthony gather relevant
information and documentary evidence (including pictures, genealogy documents, ancestors’
correspondence, school diplomas, etc.) relating to his family. They had to gather information
starting with Anthony’s grandparents in order to obtain the necessary evidence that proved
that Anthony was actually a U.S citizen at the time of his birth.
Anthony’s parents were also both born in Mexico and did not have U.S. birth certificates to
prove that they were U.S. citizen at birth. They were both deceased at the time Anthony was
applying for his U.S. passport and neither of them had ever applied for a U.S. passport or any
other proof of U.S. citizenship (i.e. a certificate of citizenship for example) while they were alive
because they never needed any.
Although he was born in Mexico, Anthony’s father lived in the United States for most of his life
and for some time before Anthony’s birth. The attorney learned through family tree records
that the father’s parents (Anthony’s paternal grandparents) were both born in the U.S. and
resided here before his father was born, which by law made his father a U.S. citizen at birth.
Anthony’s mother was also born in Mexico to a U.S.-born mother (Anthony’s maternal
grandmother), but her father was born in England. However, because of the laws in effect at
the time of Anthony’s mother’s birth, her birth from one U.S. citizen parent was enough for her
to be a U.S. citizen at the time she was born.
Thus, both of Anthony’s parents were U.S. citizens at the time of his birth. More
importantly, because they had resided in the U.S. for a sufficient amount of time before he was
born, they legally transmitted their U.S. citizenship to Anthony – even though he was born
outside the U.S.
Anthony’s immigration attorney sent a very detailed and well-documented letter to the U.S.
Passport Agency showing that Anthony was, in fact, a U.S. citizen based on his ancestry. The
letter included a carefully written explanation, showing how each item of documentary
evidence supported Anthony’s claim to U.S. citizenship, and citing the old laws and statutes that
were in effect when each of his parents and grandparents were born. As a result, the Agency
granted Anthony’s request just in time for him to travel abroad to enjoy his well-deserved
vacation.
Does Anthony’s story sound like fun? It is not! But if many current U.S. legislators have their
way, we could all end up being required to document our ancestry, in order to claim our U.S.
citizenship! A small but very vocal minority of anti-immigrant activists seek to overturn our
long-established and Constitutionally-based law of citizenship through birth on U.S. soil. Citing
emotionally weighty but logically light arguments about “anchor babies,” they would have us
abandon a system which is simple, efficient and effective in favor of one that would not only be
cumbersome and expensive to administer, but would also lead to a growing population of
“stateless” persons, unable to claim a home in any country.
Fortunately, efforts to rescind or drastically undercut the 14th Amendment to the United States
Constitution have abated, for now. But it is doubtful that the proponents have actually gone
away. More likely they are merely licking their wounds while planning a new assault. Who
knows, they may eventually succeed.
If that happens, your U.S. birth certificate may become only “circumstantial” evidence towards
your claim to be a true American – despite the fact you were “born in the USA!”
The Arizona immigration attorneys at Gunderson, Denton & Peterson, P.C. are qualified to
assist you or to answer any immigration related questions you may have.
Gunderson, Denton & Peterson, P.C. 1930 N. Arboleda, Suite 201 Mesa, Arizona 85213 Office: 480-655-7440 Fax: 480-655-7099 Re-Published from: http://blog.arizonaimmigrationlawyeraz.com/derivative-citizenship-how-to-prove-
your-us-citizenship-through-your-ancestors/