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Citizenship Outline

Law Outlines > Immigration Law Outlines

This is an extract of our Citizenship document, which we sell as part of our Immigration Law Outlines collection written by the top tier of University Of Washington School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Immigration Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CITIZENSHIP I. Three Ways of Becoming a Citizen A. Being Born in U.S. soil B. Being born abroad to 1 or 2 Citizenship parents

1. Exceptions exist depending on physical presence of citizen parents in U.S.

and marital status C. Naturalizing II. Acquiring Citizenship A. Two Key Principles

1. Just Soli ? Right of the land

2. Jus Sanguinis ? Right of the blood B. Just Soli

1. Only Constitutional mention ? Requirement that the President be "naturally born"

2. 14th Amendment: All persons born or naturalized in the US are subject to jurisdiction thereof, are citizens of the US and the states in which they reside C. Jus Sanguinis

1. Requires 1 or 2 citizen parents at the time of birth

2. Additional residence requirements to prevent chain of non-resident citizens: Physical presence and residence requirements are only for parents

3. Born abroad to 2 US citizen parents SS 301(c)

4. Born abroad to 1 US citizen and 1 Non-citizen parent SS 301(g)

5. Descent law in force at birth (usually) determines whether acquired citizenship by descent III. Citizenship Acquired After Birth A. Authority: Congress authorized by Constitution to establish a "uniform Rule of Naturalization" - Article 1, SS 8, cl. 4 B. Immigration Act of 1990 transferred authority from courts to AG SS 310(a)

1. Now DHS delegated to USCIS

2. Courts have jurisdiction to review naturalization denials DE NOVO SS
310(b,c) IV. Naturalization: Nationality conferred after birth SS 101(a)(23) A. Basic Requirements

1. Lawful Permanent Residence SS 318 a. Excludes those admitted on basis of fraudulent documents or otherwise inadmissible

2. Residence and Physical Presence SS 316(a) a. Continuous residence for 5 years as LPR b. Physically present for at least half of 5 years c. Continuous residence while application pending d. Period can reduce to 3 years if married to citizen i. Exceptions to residency and LPR status made for military service SSSS
328, 329

3. Good Moral Character SS 316(a)(3) a. Required during all residence and physical presence periods b. Grounds precluding good moral character SS 101(f)

4. Age SS 334(b): Must be 18 or older for administrative naturalization; under 18 will have a derivative naturalization

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