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How to Ask Questions During the Seminar

Selected Issues on Citizenship and Immigration Law: Citizenship and Children Thursday December 16, 2010 1:30 p.m. – 3:00 p.m. EST. How to Ask Questions During the Seminar. Submit Questions Here. Mac. PC. If you experience technical difficulties please call, 1-800-263-6317

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How to Ask Questions During the Seminar

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  1. Selected Issues on Citizenship and Immigration Law:Citizenship and ChildrenThursday December 16, 20101:30 p.m. – 3:00 p.m. EST

  2. How to Ask Questions During the Seminar Submit Questions Here Mac PC If you experience technical difficulties please call, 1-800-263-6317 Press 1 for GotoWebinar then 2 for TechSupport

  3. Patricia Wonder Instructor, CUNY School of Professional Studies Partner, Johnson Wonder PLLC

  4. Our Panel of Presenters Matilde Roman Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs Magdalen KawinskiStaff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

  5. www.sps.cuny.edu www.cuny.edu/citizenshipnow

  6. Immigration Law Studies Advanced Graduate Certificate Program • Courses • Introduction to Immigration Law • Business Immigration Law • Family-Based Immigration Law • Proceedings in Immigration Court • Naturalization and Citizenship

  7. CUNY Citizenship Now! Events The goal of Citizenship Now! events is to help eligible individuals prepare their forms N-400, Application for Naturalization. Most events are held on Saturdays.

  8. CUNY Citizenship Now! Immigration Centers CUNY Citizenship Now! centers offer free immigration services to all members of the community- CUNY students and non-students.

  9. The Corps consists of volunteers who provide free naturalization application assistance at Citizenship Now! Events in New York City.

  10. Volunteer with the CUNY/NYC Citizenship Now! Corps Complete a registration form at www.cuny.edu/citizenshipnow/volunteer

  11. Citizenship and Children • Children can obtain U.S. citizenship by: • Acquisition • Derivation • Citizenship by Application

  12. Magdalen Kawinski Staff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

  13. Acquiring Citizenship Magdalen Kawinski • To determine whether a child acquired citizenship at birth, first find out if the child was born in wedlock or out of wedlock. • Then verify the child's date of birth. • Using the date of birth, find out whether the U.S. citizen (USC) parent meets the residence requirement necessary to transmit citizenship to the child.

  14. Determining Whether Children Born Outside the U.S. in Wedlock Acquired Citizenship at Birth (Chart A Excerpt) Magdalen Kawinski www.cuny.edu/citizenshipnow

  15. Poll Question John is a U.S. Citizen. While vacationing in Jamaica, he met Jane. They fell madly in love and married on January 1, 1996. After John returned to the United States, he petitioned for Jane so that she could receive an immigrant visa (green card) and move to the United States to be with him. On September 25, 1996, while she was still in Jamaica waiting for her visa interview, Jane gave birth to a baby girl named Annie. Is Annie a U.S. citizen?

  16. Determining Whether Children Born Outside the U.S. in Wedlock Acquired Citizenship at Birth (Chart A Excerpt) Magdalen Kawinski www.cuny.edu/citizenshipnow

  17. Children Born Out of Wedlock Magdalen Kawinski • For children born out of wedlock, first determine if the mother was a USC at the time of the child’s birth. • If the mother was not a USC at the time of the child’s birth, then determine if the child was legitimated or acknowledged by a USC father before the age of 18. • Legitimation is the process by which the father becomes legally recognized as a parent. Once legitimated, the child is entitled to all of the benefits from the father, including legal status and immigration benefits.

  18. Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) Magdalen Kawinski

  19. Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) Cont. Magdalen Kawinski

  20. Poll Question Mike, a USC, was in Madrid on business in July 2010. During his trip, he met Maria, a citizen of Spain. Mike and Maria shared an unforgettable love affair. In the end, they went their separate ways and Mike returned to his life-long home in New York. On March 1, 2011, Maria gave birth to a baby boy named Miguel. Mike flew to Spain the next day. After the DNA test proved that he is the father, Mike acknowledged Miguel as his son, in writing under oath. Mike’s name was put on Miguel’s birth certificate. Is Miguel a U.S. citizen?

  21. Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) Cont. Magdalen Kawinski

  22. Matilde Roman Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs

  23. Deriving Citizenship Matilde Roman A child born outside the United States who obtains permanent residence may become a USC as a matter of law by virtue of his or her parent or parents’ birth or naturalization. The immigration law governing derivation of citizenship has required a combination of qualifying events to take place before the child turns a certain age. The law in effect at the time the ‘last qualifying act’ takes place is controlling.

  24. Current Derivation: Child Citizenship Act of 2001 Matilde Roman The Child Citizenship Act (CCA) went into effect on February 27, 2001. Applies to natural born children and adopted children.  Does not apply to stepchildren unless the stepparent legally adopts the child.  Note that if the child is born out of wedlock and is not legitimated before the age of 16, the naturalization of the father will not result in the child gaining derivative citizenship.

  25. Derivation Criteria Under the CCA Matilde Roman • Current law allows child born outside the United States to become a USC automatically when all the following conditions have been fulfilled in any order: • At least one parent of the child is a USC, whether by birth or naturalization; • The child is under the age of 18 and is unmarried; • The child is residing in the United States in the legal and physical custody of the USC parent; and • The child is a permanent resident.

  26. Derivative Citizenship (Chart C Excerpt) Matilde Roman

  27. Poll Question Reyna, her husband, Juan, and their daughter, Bonita, left their home country of Ecuador and immigrated to the United States as permanent residents in 2004. They have been living together in Queens, NY, ever since. Last year, Reyna applied for naturalization. Her application was approved on April 15, 2010. She swore in as a U.S. citizen on May 15, 2010. Bonita’s date of birth is May 1, 1992. Has Bonita derived U.S. citizenship?

  28. Derivative Citizenship (Chart C Excerpt) Matilde Roman

  29. Derivation Criteria Before the CCA Matilde Roman Prior to the Child Citizenship Act, generally, for a child to have derived citizenship, both parents must have naturalized or been USC’s while the permanent resident child was under 18 and unmarried. Exceptions apply when the child's other parent was deceased or the child’s parents were divorced or separated and the naturalized parent had legal custody of the child following the divorce or separation. Children born out of wedlock qualify if the child is not legitimated before the age of 16 and it is the mother who naturalizes.

  30. Filing Form N-600 Matilde Roman Form N-600, Application for Certificate of Citizenship, may be filed by any person claiming to have acquired (at birth) or derived (after birth) U.S. citizenship. In the case of adopted or biological children under 18 who qualify, the application must be filed by the USC parent or legal guardian having legal and physical custody of the child. Form N-600 is available at www.uscis.gov or by calling the USCIS forms request line at (800) 870-3676.

  31. Filing Form N-600 Matilde Roman Filing fee is $600. (If filing on behalf of an adopted minor child under INA § 320, fee is $550. No fee when filed by a member or veteran of any branch of the U.S. Armed Forces.) Application is mailed to the USCIS Field Office with jurisdiction over the applicant's place of residence.

  32. U.S. Passport v. Certificate of Citizenship Matilde Roman Persons claiming to have acquired or derived U.S. citizenship may apply for a U.S. passport directly, without first obtaining a Certificate of Citizenship from USCIS, though a Certificate of Citizenship is best evidence of U.S. citizenship. U.S. PASSPORT APPLICATION: • All first-time applicants must submit Form DS-11 in person (with original documents) at an acceptance facility or passport agency • Application is adjudicated by the Department of State based on the paperwork submitted (no interview) • Filing fee for applicants under age 16, $105 / age 16 & older, $135 • Average processing time is 4-6 weeks

  33. Citizenship by Application Matilde Roman • Children in the United States legally, but not as permanent residents, who meet the requirements listed below, can become USC’s. • To qualify, all of the following must be true: • One parent is a USC; • The child is under 18; • The child is temporarily present in the United States after a lawful admission and is maintaining lawful status; • The child is residing outside the United States in the legal and physical custody of the USC parent; and • The USC custodial parent has been physically present in the United States for five years, two of which were after his/her 14th birthday.

  34. Citizenship by Application Cont. Matilde Roman • If the child is adopted, the child must have been adopted prior to age 16 and must meet all the requirements for an adopted child or orphan. • If the USC parent has not met the requirement of having been physically present in the United States for five years, two of which were after his/her 14th birthday, the child may still obtain citizenship if: • A USC grandparent (parent of the USC parent) has been physically present in the U.S. for five years, two of which are after the child’s 14th birthday.

  35. Poll Question Juan was born in Peru in 1995.  He was raised by his Peruvian mother and father until 2000, when his father's employer moved him to the U.S.  Even though they separated, his parents remained legally married.  Juan's father worked in the U.S. for several years, and his job sponsored him for his green card.  Eventually, Juan's father naturalized in the U.S. and, in 2008, he returned to Juan and his mother in Peru.  Juan wanted to study in the U.S. and so he went to New York City in July 2010 on a visitor's visa to visit colleges.  He was given six months to stay in the U.S.  His father accompanied him on the trip.  Can Juan obtain citizenship by application?

  36. Filing Form N-600K Matilde Roman For the child to be recognized as a USC, Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, must be filed. In the case of minor adopted or biological children, the application must be filed by the USC parent with legal and physical custody over the child. In cases where the USC parent is deceased, the USC grandparent or USC legal guardian can file the application. and the child need not be residing in the legal and physical custody of the applicant.

  37. Filing Form N-600K Matilde Roman Form N-600 is available at www.uscis.gov or by calling the USCIS forms request line at (800) 870-3676.  Filing fee is $600 (there are exceptions). Application is mailed to the USCIS Field Office with jurisdiction over the applicant's place of residence.

  38. Questions and Answers

  39. Q&A: Our Panel of Presenters Matilde Roman, Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs Patricia Wonder Instructor, CUNY School of Professional Studies and Partner, Johnson Wonder PLLC Magdalen Kawinski, Staff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

  40. Recorded WebSeminar An e-mail with instructions on how to access this Web seminar and related materials will be sent to you shortly

  41. Acknowledgements • Allan WernickDirectorCUNY Citizenship Now! • A. Sofia CarreñoCommunications Coordinator CUNY Citizenship Now! • David SturnioloCommunications AssistantCUNY Citizenship Now! • Gabriel Espinal Communications AssistantCUNY Citizenship Now! • Paul RussoDirector of Online Programs CUNY School of Professional Studies • Kelley KawanoInstructional Technology FellowCUNY School of Professional Studies • Antonia LevyInstructional Technology FellowCUNY School of Professional Studies

  42. For further questions regarding the information presented during this webinar please contact Patricia Wonder patriciawonder@johnsonwonder.com

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