Visa Lawyer Blog

How much do you know about the 10 plus Million illegal immigrants currently living in the United States? How long have they lived among us, who are their parents and more? The Pew Hispanic Research Center released some interesting stats and we are sharing below.

Nearly two-thirds of the 10.2 million unauthorized adult immigrants in the United States have lived in this country for at least 10 years and nearly half are parents of minor children, according to new estimates by the Pew Hispanic Center, a project of the Pew Research Center.

The characteristics of this population have become a source of renewed interest in the wake of former House Speaker Newt Gingrich’s recent endorsement of a proposal to create a path for unauthorized immigrants to gain legal status if they have lived in the country for a long period of time, have children in the U.S., pay taxes and belong to a church. Several of Gingrich’s opponents for the Republican presidential nomination have criticized the proposal as a form of amnesty that would encourage more immigrants to come to the U.S. illegally.

The Pew Hispanic analysis finds that 35% of unauthorized adult immigrants have resided in the U.S. for 15 years or more; 28% for 10 to 14 years; 22% for 5 to 9 years; and 15% for less than five years.

The share that has been in the country at least 15 years has more than doubled since 2000, when about one-in-six (16%) unauthorized adult immigrants had lived here for that duration. By the same token, the share of unauthorized adult immigrants who have lived in the country for less than five years has fallen by half during this period—from 32% in 2000 to 15% in 2010.

The rising share of unauthorized immigrants who have been in the U.S. for a long duration reflects the fact that the sharpest growth in this population occurred during the late 1990s and early 2000s—and that the inflow has slowed down significantly in recent years, as the U.S. economy has sputtered and border enforcement has tightened. It also reflects the fact that relatively few long-duration unauthorized immigrants have returned to their countries of origin. America is no longer the promised land!!!

Read the report here

Attorney Ekaterina Powell from our office has prepared this article on acquiring U.S. citizenship through parents where the individual is born abroad.

In certain situations, a person who was born abroad to a U.S. citizen parent and who has been living abroad for years may have acquired U.S. citizenship at birth without even knowing so. Sometimes, the clients have not even met their U.S. citizen parent/s.

Often times, we are asked a question on whether an adult person who was born abroad to a U.S. citizen mother or father can obtain U.S. citizenship.

The answer to this question is not simple. Persons born abroad to U.S. parent/s may have acquired U.S. citizenship at birth. This determination is based upon a variety of factors: the law in effect at the time of birth, the amount of time the American citizen parent/s have lived in the U.S. prior to the birth of the child, and, in some cases, the marital status of the biological parents.

If you were born abroad to a U.S. citizen and if you are eligible for U.S. citizenship, you may apply for a U.S. passport or for a Certificate of Citizenship. If you apply directly for a U.S. passport, the determination on whether you qualify for a U.S. citizenship will be processed at the same time with your passport application.

Below is the description on how you can qualify for a U.S. citizenship if you were born abroad, in wedlock, to U.S. citizen parent and alien parent. If you born out of wedlock, there are special rules that apply to you that are not covered by this article.

In order to be considered to have acquired citizenship at birth, the following requirements have to be met: 1) a citizen parent 2) prior to child’s birth 3) had been physically present in the United States or one of its outlying possessions for the required period of time that is determined based upon the date of child’s birth.

If you were born on or after November 14, 1986, the required period of physical presence of your citizen parent is 5 years prior to child’s birth, at least 2 of which after the citizen parent reached the age of 14.

So, at least 2 out of 5 required years have to be after the citizen parent is 14 years old. In other words, the required 5 years of physical presence may occur after the citizen parent reaches the age of 14.

If you were born on or after December 24, 1952 but before November 14, 1986, the required period of physical presence of your citizen parent is 10 years, with at least 5 of these years after the citizen parent reaches the age of 14.

If you were born before December 24, 1952, there are special retention requirements that apply to you that have to be analyzed carefully.

Good examples of evidence to show the requisite period of physical presence are school records, transcripts, leases, employment records, social security records, affidavits from family and friends, etc.

Since the law is complex in this area, the immigration officers who review N-600, Certificate of Citizenship Applications, may become confused and require you to present evidence of 10 years of physical presence in the U.S. by your citizen parent even though you are only required to prove 5 years of physical presence.

In a recent case handled by our law office, U.S. citizen father has spent most of his life in Mexico. His kids were born in Mexico and have never lived in the U.S. When the application for Certificate of Citizenship was submitted, the clients were asked to present proof of citizen father’s physical presence in the U.S. for 10 years. The father had spent in the U.S. only 8 years while attending high school and college before the kids were born. The clients came to us after the case was filed and before the scheduled interview with the immigration. When we met with the clients, we found out that the kids were born after 1986, and therefore the citizen father had to prove only 5 years of physical presence in the U.S. prior to the birth of the kids instead of 10 years that the immigration officer requested. When we got engaged with the case and went to the interview at the local immigration office, we made sure that the officer acknowledges that only 5 years of physical presence have to be proven. The case was successful, and the kids have obtained their Certificates of Citizenship.

Even immigration officers are mistaken sometimes. If a situation described above happened to you, do not automatically assume that you do not qualify for U.S. citizenship. If you are not sure if you are eligible for U.S. citizenship, you can consult our law firm. We will be happy to go over the details of your case and determine whether you qualify for U.S. citizenship.

Generally, all individuals born in the United States and subject to its jurisdiction of the United States are citizens (e.g., children of diplomatic officials, etc.). Still, other individuals born outside the United States may claim United States citizenship derivatively from a parent who at the time of the individual's birth was a United States citizen. The legal requirements for Derviative Citizenship are extremely complex.

In order for an individual to apply to become a naturalized U.S. citizen (USC), s/he must be age 18 or older. Thus, in the typical situation of a family living in the United States as lawful permanent residents, the minor children will not be eligible to file for naturalization with their parents. In many cases, these minor children do not need to request U.S. citizenship. Rather, it is automatically conferred when either parent naturalizes, if certain requirements are satisfied.

The laws regarding the derivative acquisition of U.S. citizenship by minor children were broadened by the Child Citizenship Act of 2000 (CCA). This law became effective February 27, 2001, and remains effective as of this writing. Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

*

The child must have U.S. lawful permanent resident status ("green card" holder).
*

At least one parent must be a U.S. citizen by birth or naturalization.
*

The child must be residing in the United States in the legal and physical custody of a USC parent.

In this situation, once all three requirements are met, U.S. citizenship is automatically conferred upon the child/ren by operation of law without the need to file a specific application requesting U.S. citizenship. These provisions apply to one's adopted child/ren as well as biological children.

Children who met these requirements on that day and after automatically became US Citizens. However, if you were older than 18 on this date then you have to meet different requirements in order to get derivative citizenship.

Caution, these laws do not apply retroactively. Any lawful permanent resident, who turned 18 prior to February 27, 2001, generally required both parents to naturalize prior to her/his 18th birthday, in order to acquire U.S. citizenship automatically

USCIS announced the launch of a federal initiative to raise awareness about the rights, responsibilities, and importance of U.S. citizenship. USCIS Director Mayorkas will launch the initiative online on 5/25/11.

The initiative will run during the summer across the country on more than 250 radio stations, 400 websites, and through national and local print advertisements, in this first phase of a planned multi-year effort. Messages will run in Spanish, English, Chinese and Vietnamese – languages spoken in the top 10 countries of origin for permanent residents. Nearly 8 million permanent residents are currently eligible to apply for citizenship and most reside in California, New York, Texas and Florida.

The initiative will promote awareness of the rights, responsibilities, and importance of United States citizenship, and the free resources available to permanent residents and immigrant-serving organizations. Immigrants will be invited to learn more about citizenship and directed to the USCIS Citizenship Resource Center, a one-stop web portal offering free educational tools to support immigrants and immigrant-serving organizations at www.uscis.gov/citizenship.

Ninety-five-year-old Leeland Davidson discovered recently that he's not considered a U.S. citizen, despite living nearly 100 years in the country and serving in the U.S. Navy during WWII.

A similar thing happened to one of our clients that tried to apply for work with the Federal government at the age of 25. He could not get verification for his Citizenship. Eventually his other confessed he was brought over as a 3 year old illegally. But the Vet's story is even more interesting.

Davidson, from Centralia, Washington, told KOMO News that he discovered he wasn't a U.S. citizen when he was turned down for an enhanced driver's license he needed for a trip to Canada to visit relatives.

"We always figured because he was born to U.S. parents he's automatically a U.S. citizen," said Davidson's daughter, Rose Schoolcraft.

Davidson was born in British Columbia in 1916, but his parents didn't register the birth with the U.S. government to ensure they knew he was a citizen. He checked up on his citizenship before joining the Navy and was told by an inspector at the U.S. Department of Labor Immigration and Naturalization Service he had nothing to worry about. Now he worries that he won't be able to prove his citizenship, because his parents were born in Iowa before local governments started keeping records of birth certificates in 1880. "I want it squared away before I pass away," he says.

Read more...

I was interviewed yesterday by Ruxandra Guidi from KBPS Public Radio about the topic Selective Service Encourages Undocumented Men to Sign Up. This is an interesting topic that we will hear more about in the next few months.

Here is a link to the story from the Radio Site

According to U.S. law, a man must register with the Selective Service within 30 days of his 18th birthday. Yet only about 25 percent of American citizens are signed up, and no one knows how many undocumented people have done so.

Selective Service spokesperson Dan Amon said the agency has always struggled to get more undocumented men to sign up.

"That's always been a priority with us because there are low rates of compliance in areas where there might be a heavy concentration of Latinos, or Spanish-speaking people," said Amon.

But Amon couldn't give a reason for the current outreach campaign. He said, however, that the Selective Service Administration will not share any information about undocumented enlistees with immigration authorities like ICE, or Immigration and Customs Enforcement.

This recent development is puzzling many immigrants and their lawyers around the Southwest, where Selective Service will start to get out the word over the next few months.

San Diego immigration attorney Jacob Sapochnick said he's advising his undocumented clients not to sign up until more information becomes available.

"It could be some sort of a sign that there may be something happening in the government as far as part of a big reform that will come up," said Sapochnick. "It could be that this is just the beginning because they told this agency to start doing this. I find it hard to believe that this is going to be the case, but who knows?"

This new new information just came in recently, but is already a confusing topic among illegal immigrants.

All Legal Permanent Residents, who are male and between the ages of 18 - 26 years, are required to register for Selective Service (females are not required to register). If you failed to register for Selective Service you will be unable to prove ‘good moral character’ for the requisite five previous years prior to the filing of your application for Citizenship which will in all likelihood result in the denial of the application.

As a rule of thumb, if you missed the window to register, an applicant should wait until age 32 years before filing a Citizenship application.

Now the Selective Service came out with the following notice:

ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!

Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.

Clients are asking if it is safe to register with the selective service even if one is illegal, I honestly hope that the SSS will keep their word and not report undocumented aliens, this remains to be seen.

In a recent meeting between the American Immigration Lawyers Association and USCIS the following question was raised:

What is the policy regarding the procedure for a legal name change during the naturalization process. We understand that the CIS permits applicants to complete a petition for legal name change during the application interview. However, at least one field office prohibits male applicants from legally assuming their spouse’s last name, absent a separate legal name change. This practice conflicts with USCIS policy. Please clarify the agency policy.

USCIS representatives responded:

We appreciate your concerns regarding any practice you believe conflicts with established USCIS policy. On this particular question, we know that some Districts have had a misunderstanding regarding name changes based on state law that prohibits a man from taking his wife’s last name when they marry. USCIS sent guidance to the field on January 25, 2011 reiterating to all of our offices that an applicant may change his or her name to any name approved by a court of competent jurisdiction.

So the conclusion is, no matter the State of your residence or the local laws regarding name change, at the Naturalization interview you may change your name to any name including your wife's last name if you chooses to do so.

The Department of State announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a U.S. citizen parent acquired U.S. citizenship at birth. The redesigned document has state-of-the-art security features that make it extremely resistant to alterations or forgery.

CRBAs have been printed at U.S. Embassies and Consulates around the world since their introduction in 1919. Effective January 3, 2011, CRBAs will be printed at the passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana. Centralizing production and eliminating the distribution of controlled blank form stock throughout the world ensures improved uniform quality and lessens the threat of fraud.

Applications for U.S. passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father.” These improvements are being made to provide a gender neutral description of a child’s parents and in recognition of different types of families according to the Department of State.

More news from Arizona. Immigration hawks Sen. Russell Pearce, the author of SB1070, and Rep. John Kavanagh will attend a Jan. 5 press conference at the National Press Club to introduce model legislation that aims to force the U.S. Supreme Court to weigh in on the longstanding interpretation of the 14th Amendment that grants citizenship to the U.S.-born children of illegal immigrants. Lawmakers from 14 states who plan to introduce the bill will attend as well.

Legislators in Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah plan to introduce birthright citizenship bills in 2011. What a way to start 2011??

Readers often inquire about the general requirements for Citizenship and when can one apply. A number of criteria must be reviewed to determine if a person is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a legal permanent resident (LPR) and at least eighteen years old. There are limited exceptions to this rule, including honorable service in the U.S. military during a time of war or declared hostility. The basic rule, however, is LPR and eighteen years of age.

Continuous Residence

In order to be eligible for naturalization, after Green Card has been obtained, one must be able to establish "continuous residence" in the United States for a period of five years before filing the application. This period is reduced to three years for individuals who are married to U.S. citizens, or who obtained Green Cards based on marriage but were battered or abused by their spouses. With the exception of cases involving abuse, in order to be eligible for the three-year period based on marriage to a U.S. citizen, the applicant must be married and living in marital union with the U.S. spouse for the past three years and the spouse must have been a U.S. citizen for the past three years.

Physical Presence

1. The applicant must be physically present in the United States for at least half the statutory five- or three-year period preceding the date of filing the application. The number of days spent in the U.S. must equal at least one half of the total days in the five- or three-year period at the time of filing in order to be eligible to naturalize.

2. No individual trip outside of the U.S. can be of one year's duration or greater. Trips of this duration are considered to automatically break the physical presence requirement. A reentry permit does not overcome this requirement. In the event that the applicant was outside of the U.S. for one year or more, s/he would have to wait at least four years and one day from the time of return to the United States to apply for naturalization. Certain Exceptions apply.

3. Trips that are longer than six months but shorter than one year in duration are presumed to break the continuity of residence. This legal presumption can be rebutted with evidence that the applicant did not abandon residence.

Residence in State

Applicant must establish residency in a specific state in the United States for a three-month period in order to file an application in that jurisdiction.

Good Moral Character

To become a naturalized U.S. citizen, you must have "good moral character." This is a legal term. It is not necessarily the same as a "good person," as opposed to a "bad person." A person whom you might think of as a "good person," Immigration might think is a person who does not have "good moral character" and should not be allowed to become a U.S. citizen.

The following are just some of the situations where Immigration might say a person does not have "good moral character" and deny citizenship:

* the person has worked but has not always filed income taxes when he should have;
* a man has lived in the United States at some point during the ages of 18 and 25 but did not register for "Selective Service"; (See Special Privileges and Obligations of Living in the U.S.)
* the person has a drinking problem (especially if arrested for driving while drunk);
* the person has ever had children with a person to whom he was not married;
* the person has children but does not live with them, and is not paying child support for the children;
* the person got public benefits such as food stamps, but did not tell his benefits caseworker right away when he began working again or when he took a brief trip outside of the U.S.;
* the person has ever lied to Immigration, for example, on earlier applications for permanent residency;
* the person has ever been arrested by the police for any reason;
* the person has been convicted of any crimes. This includes nonviolent crimes such as shoplifting.

Each applicant for naturalization must establish that s/he is a person of good moral character during the statutory period, which continues until the applicant is sworn in as a U.S. citizen. However, the USCIS is not limited to reviewing only the statutory period to determine the individual's character. If the person has a criminal record or any other character problem that precedes the statutory period, the USCIS will determine whether there has been rehabilitation or if the prior acts should be considered relevant to the current moral character of the applicant. Good moral character evaluations are made on a case-by-case basis. In its regulations, the USCIS states that it will take into account "the standards of the average citizen in the community of residence."

It is necessary to meet all the above requirements at the time of filing the application and, for most, during the process, through to the oath ceremony. The oath ceremony can occur several weeks later. Therefore, the applicant needs to be conscious of travel and other requirements until s/he is actually sworn in as a U.S. citizen. Click here for dates of ceremony in our county.

Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

As it relates to immigration, On July 3, 2002, President George W. Bush signed an Executive Order allowing certain noncitizens to become Naturalized citizens of the United States if they served an in an active-duty status during the war on terrorism.

Additionally,as a Gulf War veteran, one may be eligible for expedited Naturalization under Immigration and Nationality Act section 329, Naturalization through Active-Duty Service in the Armed Forces during World War I, World War II, Korean Hostilities, Vietnam Hostilities, or in other Periods of Military Hostilities. For example, if one performed active duty military service during the Persian Gulf (August 2, 1990 – April 11, 1991) or on or after September 11, 2001, one may be eligible for expedited Naturalization.

Even though one is a lawful permanent resident, an individual who meets the Active-Duty Service criteria does not have to be a permanent resident to apply for Naturalization. Note that if one did not enlist or re-enlist in the United States or its outlying possession, you must be a Permanent Resident of the United States on the day you file your Naturalization application. Furthermore, Naturalization Applicants do not need to meet certain requirements that all other Applicants must meet such as the continuously residence requirement. Since the burden of proving the eligibility falls on the applicant, one must be prepared to submit the original DD214 to the CIS when asked to do so at the interview. Send a copy of it to the USCIS together with the N-400 and other documents required in the Naturalization instructions.

We wish you a happy and safe Veterans Day!

USCIS announced the launch of a redesigned Certificate of Naturalization (Form N-550) with new security features that will reduce fraud—part of USCIS’ ongoing efforts to enhance the integrity of the immigration system. USCIS began using redesigned certificates at all offices last week, and the agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

I attended my wife's Naturalization ceremony last week and the new Certificate is really striking. The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the document. The background also features a color-shifting ink pattern that is difficult to reproduce. USCIS is now using a more secure printing process that renders the certificate more tamper-proof.

For more info and see the new features click here

U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

The USCIS recently launched a great resource for those preparing to take the Naturalization Test. The online resource has many interactive tools to get ready for the test and more.

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

* Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
* Be a permanent resident (have a “green card”) for at least 5 years.
* Have lived within the state or USCIS district with jurisdiction over your place of residence for at least 3 months prior to the date of filing Form N-400.
* Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing Form N-400.
* Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
* Be able to read, write, and speak basic English.
* Have a basic understanding of U.S. history and government (civics).
* Be a person of good moral character.
* Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

Click here to enter the new resource center

Follow us of Facebook for more update, click here

As a service to our readers we publish local ceremony dates. If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. USCIS will notify you by mail of the time and date of your ceremony.

The notice USCIS sends you is called the "Notice of Naturalization Oath Ceremony" (Form N-445). In some cases, USCIS may give you the option to take the Oath on the same day as your interview. If you decide to take a "same day" oath, USCIS will ask you to come back to the office later that day. At this time, you will take the Oath and receive your Certificate of Naturalization.

If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.

SAN DIEGO NATURALIZATION CEREMONIES
2010/2011

SEPTEMBER 17, 2010

OCTOBER 20, 2010

NOVEMBER 17, 2010

DECEMBER 16, 2010

JANUARY 9, 2011

FEBRUARY 23, 2011

MARCH 23, 2011

APRIL 27, 2011

MAY 18, 2011

JUNE 22, 2011

JULY 20, 2011

AUGUST 24, 2011

SEPTEMBER 16, 2011

SEPTEMBER 28, 2011

OCTOBER 19, 2011

NOVEMBER 16, 2011

DECEMBER 14, 2011

Good News for Our Citizenship clients. More than 9,000 candidates will become new citizens during 63 special ceremonies hosted by U.S. Citizenship and Immigration Services (USCIS) in recognition of Constitution Day and Citizenship Day on Sept. 17. As part of this celebration, USCIS is partnering with the National Park Service (NPS) to hold naturalization ceremonies at 22
national park sites across the country Sept. 13-24 under the theme, "Embrace Citizenship -
Experience America Through Your National Parks."

Highlights for this year’s celebration include a Sept. 15 ceremony for 25 new citizens at the
foot of General Grant's Tree, the largest giant sequoia in the General Grant Grove section of Sequoia-Kings Canyon National Park in Three Rivers, Calif. This grand park was named in
1867 after Ulysses S. Grant, the 18th president of the United States.

Other national parks ceremonies will also be held at the Grand Canyon, one of the country’s
oldest national parks; Homestead National Monument, which commemorates the Homestead
Act of 1862 granting free land to citizens and new immigrants; and the Herbert Hoover
National Historic Site in Iowa. The citizenship process has been described as a ritual which is "meaningful for many immigrants" and similar in some respects to a "first communion" or "bar mitzvah".

With all the recent mess in this country the recent news about Americans giving up their Citizenship is interesting.

The Federal Register, the government publication that records such decisions, shows that 502 expatriates gave up their U.S. citizenship or permanent residency status in the last quarter of 2009. That is a tiny portion of the 5.2 million Americans estimated by the State Department to be living abroad.

Still, 502 was the largest quarterly figure in years, more than twice the total for all of 2008, and it looms larger, given how agonizing the decision can be. There were 235 renunciations in 2008 and 743 last year. Waiting periods to meet with consular officers to formalize renunciations have grown.

Anecdotally, frustrations over tax and banking questions, not political considerations, appear to be the main drivers of the surge. Expat advocates say that as it becomes more difficult for Americans to live and work abroad, it will become harder for American companies to compete.

Relinquishing citizenship is relatively simple. The person must appear before a U.S. consular or diplomatic official in a foreign country and sign a renunciation oath. This does not allow a person to escape old tax bills or military obligations.

Now with the new Arizona Immigration Bill, some Americans are telling me they are ashamed of their country and may consider giving up Citizenship and moving away. What do you think?

Read more from the NY Times

The American Immigration Lawyers Association is a great organization, and I am proud to be an active member. We know that this is also important to our clients and future clients.

The American Immigration Lawyers Association (AILA) will celebrate its 4th Annual Citizenship Day on Saturday, April 17 by helping more than 2,000 legal permanent residents apply to become US citizens. In partnership with the "ya es hora ¡Ciudadanía!" campaign, AILA will hold 43 naturalization clinics in 30 states serving more than 2000 immigrants who are preparing to become citizens.

s a single-day, nationwide event, AILA Citizenship Day provides free or low-cost assistance to eligible legal permanent residents who wish to apply for U.S. citizenship, utilizing partnerships between AILA chapters across the country and grassroots organizations such as the "ya es hora ¡Ciudadanía!" campaign. In 2010, AILA Citizenship Day will celebrate its 4th anniversary on a national scale and its second year with the campaign.

AILA's successes are due in large part to the national collaborative relationships that AILA has developed both with community organizations and stakeholders, as well as the USCIS Office of Citizenship. "The work we do together is much greater than the work we do apart," said Susan Timmons, AILA's Pro Bono Associate who coordinates Citizenship Day. "We reach at least a thousand more people with the help of our community partners than we'd be able to independent of them. Together we help hard working residents become citizens of the United States-we help them live their American dream."

AILA Citizenship Day is an award winning venture, capturing the 2008 Award of Excellence in the Associations Advance America Awards program, a national competition sponsored by the American Society of Association Executives (ASAE) and The Center for Association Leadership.

Click here Download file
for the schedule nationwide and find your local San Diego Free event as well. Members of our team will be there as well.

A great program on KPBS this morning covered the case of Ruben Flores-Villar. Flores-Villar, 35, was born in Tijuana, Mexico, but grew up in the San Diego area, in the care of his father and grandmother.

When he sought U.S. citizenship in 2006 — to fend off criminal charges of being in the country illegally — U.S. immigration authorities turned him down. For people born before 1986, their U.S. citizen fathers had to have lived in the U.S. for 10 years, at least five of them after the age of 14. Flores-Villar’s father could not meet the second part of that requirement because he was only 16 when his son was born. American mothers need only have lived in the U.S. continuously for a year before the birth of a child.

Later this year, the Supreme Court will enter a curious corner of U.S. immigration law that applies only to children born outside the U.S. to one parent who is an American and one who is not. The law makes it easier for children whose mother is a citizen to become citizens themselves. Even after reform legislation in 1986, children of American fathers face higher hurdles claiming citizenship for themselves.

Lower federal courts upheld Flores-Villar’s conviction and rejected his discrimination claims. Flores-Villar has previously been deported at least five times since he was convicted of importing marijuana when he was 22, the government said in court papers. The Obama administration argued that the less stringent residency requirement in the 1986 law was one of several reasons for the court to stay out of the case.

The 1986 Citizenship law states:

Children born abroad to two US citizen parents, one of whom has resided in the US prior to the birth of the child, continue to be US citizens at birth, and need take no special actions to retain citizenship.

Children born to one citizen parent and one foreign national will obtain citizenship at birth if the citizen parent resided in the US for five years before the birth, with two of those years after the age of 14. The child does not need to take any special action to retain US citizenship.

Children born out of wedlock to a US citizen mother will be US citizens if the mother resided in the US for one year prior to the birth of the child. Children born out of wedlock to a US citizen father will acquire US citizenship if the following conditions are met:

* There is an established blood relationship between the father and the child,
* The father was a US citizen at the time of the birth,
* The father has agreed to financially support the child until it is 18, and
* Before the child is 18 it is legitimated, or the father acknowledges paternity in a document signed under oath

The court ruled on a related issue in 2001, holding that it was all right to require American fathers, but not mothers, of children born out of wedlock and abroad to get a court order of establishing paternity or swear to it under oath.

The case is Flores-Villar, 09-5801.

Let us know what you think, is this a law that favors children of US mothers, over US fathers?