Posted on 12/19/2004 3:09:50 PM PST by indoeuro
Birth Abroad in Wedlock to One U.S. Citizen Parent and One Alien Parent:
A child born abroad, in wedlock, to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the Immigration and Nationality Act (INA) provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth after 2:07 PM, November 14, 1986, a period of five years' physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and at or before 2:07 PM, November 14, 1986, a period of ten years' physical presence, five after the age of fourteen, is required to transmit U.S. citizenship to the child.)
Number 3 should clarify. Merry Christmas RD.
Did it occur to you to marry her eight years ago?
I hope you had appropriate legal counsel during the course of your wife's hearings with the INS.
Since you didn't know that your child will be eligible for U.S. citizenship at birth (despite being overseas), it doesn't sound like you've been speaking with an immigration lawyer.
And having been through my wife's INS encounters over 4 years (she's now a U.S. citizen), I can tell you that going it alone with the INS/ICE/CIS and without an immigration attorney is flat-out the wrong way to go.
My wife has had an immigration attorney. And, I know of right to get citizenship for our child. But, I am not going to permit my wife and our unborn child to be dropped onto the streets of a nation she has no ties to. I have to go along. I will not allow the break-up of my family. To remain intact as a family, I must become a resident of that country and give up my United States Citizenship.
I understand that and would probably do the same thing or something similar.
But I have to ask: is what you propose the advice of your immigration attorney, and the one and only option that's been given to you by that attorney?
Are you sure you have to give up U.S. citizenship to gain permanent residency in the host country? That's rather draconian, even Vietnam will provide residency to the spouse of a Vietnamese citizen, and the same with Thailand and Taiwan.
I doubt it. The quoted $800 is far below the market rate for the spousal visa scam (I've heard $10K to $20K). Also the living arrangements with husband #1 are not consistent with that scam. Finally, the spousal visa makes broad allowances for abusive situations.
I see. Got it. Same to you, Pops. Gotta get my B-Day out the way this Wednesday though.
Happy Bday young feller.
Actually, this is the latest incarnation of the RonlyBJ (take that as you will) trying to cover for Albanian Muslim Terrorists sneaking across the borders of Kosovo to steal Serbian land.
Srebrenica Squak! Srebrenica Squak! Srebrenica Squak!
Sorry, I can't decode your post.
My experience, and what I observe of others, is first of all, an overwhelming laziness and incompetence among employees of the INS. We were married in 1/78. My wife applied for citizenship as soon as eligible but did not obtain it until 2002 (just in time for the local GOP primary).
The prime role of the "lawyer" is not to know the complex law, which is complex. No. The prime role of the lawyer it to motivate the INS employees (by whatever means necessary) to dump the laziness and do a little work.
But I agree with one of the original pleadings. Most pro-lifers see the right to life as coming from God to all of God's little children. But some pro-lifers seem to think that the right to life comes from a very small god who can't care about more than a limited number of babies.
Absolutely correct. The immgration process is actually simple, consisting of some forms and supporting documentation for the most part.
After that, it's a matter of getting the right INS/ICE/CIS honcho to pull your file from that 2 foot stack on his desk.
Right down to the naturalization wire, my lawyer (a passive aggressive type) had to make an appointment with "the boss." When we went to visit him, he pulled wifey's file off the top of his stack, fully approved, and asked "Is this what you're looking for?"
Our lawyer's true artistry was in making that file gravitate from the bottom to the top of the stack.
I recommended her to a friend and she employed that same magic to resolve a 5-year old tussle with INS in a matter of months.
And these are the people we trust to save us from terrorists. Remember what did and did not work on 911.
What did not work:
INS, Army, Navy, AirForce, Marines, Coast Guard, FBI, CIA, NSC, Customs, FAA, CAB, XYZ.
What did work on 911:
The militia over Pennsylvania, as was intended by the founders. We are so hung upon one tool of the militia that we forget, it is not about the tool. It is about us and our moral (but not legal) duty and courage to act. If we as the militia do not act, the only eventual alternative is a police state.
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