Acquisition of U.S. Citizenship
at Birth by a Child Born Abroad
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A. General Requirements for Acquisition of Citizenship at Birth
In general, a person born outside of the United States may acquire citizenship at birth if all of the following requirements are met:
The child is born to a UCS parent(s). Eligibility varies depending on whether both parents are USC’s, one parent is a an LPR, or one parent is a national of the country where the child is born, and whether the parents are married.
The U.S. citizen parent must meet certain residence or physical presence requirements in the United States before the person’s birth.
The child meets all other applicable requirements under either INA 301 or INA 309.
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Child Born in Wedlock
A child is born in wedlock when the legal parents are married to one another at the time of the child’s birth and at least one of the legal parents has a genetic or gestational relationship to the child.
USCIS views post-birth formalization of the legal relationship between a parent and a child as establishing the relationship from the time of the child’s birth. This is because the relevant jurisdiction’s recognition of the legal relationship between the parent and child is based on the circumstances of the child’s conception and birth, including, for example, the existence of a valid surrogacy contract memorializing all parties’ understanding of parental rights pre-conception.
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Child Born out of Wedlock to a USC Father
A blood relationship between the child and the father must be established by clear and convincing evidence. Usually a DNA test is required.
The child’s father was a U.S. citizen at the time of the child’s birth, has acknowledged paternity and agreed to support the child.
The father must show that he has met the residency requirements in the U.S. prior to the child’s birth.
when the child seeking to show that s/he is a USC through the father is over the age of 18 additional requirements must be met.
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Citizenship through a Grandparent.
One or both parents may be United States citizens however they do not meet the residency requirement in the United States. When this is the case, the child may acquire citizenship through a grandparent. The grandparent must meet the residency requirement in the United States.
An adult can take steps to demonstrate that he or she acquired citizenship. However, when citizenship is acquired through a grandparent the process is different.
The process for acquiring citizenship through a grandparent must take place before the child turns 18. Once the child reaches the age of majority.
Why Team with Mulder Law
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Commitment
The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.
I will answer or promptly return your phone calls,
I will meet with you personally,
I will appear personally at your interviews and hearings.
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Experience
There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.
I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.
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Passion
I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.
If I can not represent you with passion, I will not take you as a client.