1. Derivative Citizenship Carl Shusterman (Los Angeles, CA) 2010 Immigration and Nationality Law Conference Austin, TX October 20-22, 2010

2. How People Become U.S. Citizens • By Birth- in the U.S., Puerto Rico, Guam or U.S. Virgin Islands • By Naturalization • By Derivative Citizenship

3. Derivative Citizenship • Citizenship at Birth through Acquisitionthrough Parents/Grandparents • Citizenship by Derivation While a Minor through Parents

4. Ever-Changing Laws • Derivative Citizenship Laws Changed in 1934, 1940, 1952, 1978, 1984, 1996 and 2000 • Difficult to Find Old Laws • Some People Lost Citizenship Under the Old Laws and Gained it Back Under More Recent Laws

5. USCIS Citizenship Charts • Chart #1- Acquisition of Citizenship of Children Born Abroad in Wedlock • Chart #2- Acquisition of Citizenship of Children Born Abroad out of Wedlock • Chart #3- Derivative Citizenship • Chart #4- Natural or Adoptive Child of U.S. Citizen

6. The Citizenship Waltz 1) Date of Child’s Birth 2) One or Both Parents Citizens? 3) Residency/Physical Presence of Parents in U.S. Prior to Child’s Birth 4) Retention Requirement (Obsolete)

7. Derivative Citizenship vs. Deportation Mr. Garcia’s Story • Aggravated Felonies • NTA Issued • 53 Attorneys Say “No Can Do!” • Lawful Permanent Resident • Parents Naturalized before his 16th Birthday • The “Removal” Hearing

8. Citizenship Through Great- Grandparents Brian Olsen’s Story • Brian and His Parents & Grandparents • were all born in Canada • His Great-Grandparents were all born in the U.S. • Although his Grandparents and Parents were all born in Canada, they were born prior to 1934, making Brian a citizen at birth

9. The Attorney’s Role • Always ask where client’s parents and grandparents were born • Consult the Derivative Charts and the USCIS Interpretations • Read Sections 320 and 322 of the Immigration and Nationality Act, but don’t forget to check prior law • GOOD LUCK!

10. Questions & Answers