ARE YOU A US CITIZEN? - Law Offices of Sonia Figueroa-Lee
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
9/17/18
ARE YOU A US CITIZEN?
Strategies to Confirm Your Citizenship
LEGAL DISCLAIMER
• Nothing in this presentation should be construed as legal
advice and is for informational purposes only.
• Everyone’s case is different and a consultation with an
experienced immigration attorney should be made prior to
taking any actions if necessary
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved 1
9/17/18
BACKGROUND
• Approximately 200,000 Korean children were adopted out to the
United States post-Korean War.
• An unknown number of those children have either been naturalized
or adopted improperly leaving approximately as many as 15,000
vulnerable
• Lack of proper US citizenship can result in deportation, denial of a US
passport application, inability to obtain security clearances, or
interfere with employment
• Many do not know their immigration/citizenship status and assume
they have US citizenship
• Effective Feb. 27, 2001, the US Child Citizenship Act allows certain
foreign-born, biological and adopted children of American citizens
to acquire American citizenship automatically.
CONNECT-A-KID/KAIRE 9/17/18
HOW PEOPLE FIND OUT THEY HAVE
IMMIGRATION ISSUES
• While applying for or renewing their U.S. passport
• While applying for employment opportunities with government
entities (federal government, military, defense contractors, etc.) that
require security clearances – might even result in a report to
immigration
• After being arrested for a crime and being subject to general
booking procedures
• During travel (i.e. losing their passport or documentation)
• Attempting to petition for family members and finding out they do
not have their own status in order
• Typically voting, serving on a jury or paying taxes DOES NOT raise
these issues
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
2
9/17/18
TWO METHODS
LOCAL ADOPTION AND
NATURALIZATION
REISSUE OF BIRTH CERTIFICATE
• Child obtained through an • Child obtained through an
adoption agency adoption agency
• Filed paperwork with (legacy) INS • Filed paperwork with (legacy) INS
now US Citizenship and Immigration now US Citizenship and Immigration
Service (USCIS) Service (USCIS)
• Child determined an orphan by • Child determined an orphan by
Korean government, adoption Korean government, adoption
arranged and sent to US arranged and sent to US
• Adopters file naturalization • Adopters re-adopt child in the US
paperwork for child conferring US birth certificate
naming adopters as parents
CONNECT-A-KID/KAIRE 9/17/18
OVERVIEW OF HOW A BILL IS PASSED
INTO LAW
HOUSE OF REPRESENTATIVES ➡ SENATE
• A bill is proposed by a • Senate receives the bill and goes
representative through many of the same steps
• Bill is introduced by this Rep and • Senate can propose its own bills
sponsor(s) and go through the same steps
and refer to the House
• The bill goes to committee
• If agreed upon – Senate sends the
• Bill is debated bill to the President
• Bill is voted on • President can sign or veto
• Bill is referred to the Senate • If vetoed, Congress can override
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
3
9/17/18
PAST ACTIONS IN CONGRESS
(NEVER BECAME LAW)
• H.R.5454 – Adoptee Citizenship Act of 2016
• Introduced in the House in 2016
• Referred to the Subcommittee on Immigration and Border Security
(06/15/2016)
• https://www.congress.gov/bill/114th-congress/house-bill/5454
• S.2275– Adoptee Citizenship Act of 2015
• Introduced in the Senate in 2015
• Referred to the Committee on the Judiciary (11/01/2015)
• https://www.congress.gov/bill/114th-congress/senate-bill/2275
CONNECT-A-KID/KAIRE 9/17/18
CURRENT ACTIONS IN CONGRESS
• H.R.5233 – Adoptee Citizenship Act of 2018
• Introduced in the House on 03/08/2018
• Referred to the Subcommittee on Immigration and Border Security
(04/30/2018)
• https://www.congress.gov/bill/115th-congress/house-bill/5233
• S.2522– Adoptee Citizenship Act of 2018
• Introduced in the Senate on 03/08/2018
• Referred to the Committee on the Judiciary (03/08/2018)
• https://www.congress.gov/bill/115th-congress/senate-bill/2522
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
49/17/18
WHAT THESE BILLS MIGHT DO
• Confer citizenship immediately on adoptees that apply for it as
long as they entered the US legally and are in the US as of the
date of enactment.
• Confer citizenship on adoptees living overseas as long as
certain requirements are met upon entry
• Bills will not
• Confer citizenship if a person was deported or committed deportable
offenses
• Confer citizenship if a person cannot meet the criteria outlined in the bill
CONNECT-A-KID/KAIRE 9/17/18
HOW DO YOU
KNOW IF YOU
ARE LEGALLY
A US CITIZEN
Certificate of Birth
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
59/17/18
HOW DO YOU
KNOW IF YOU
ARE LEGALLY
A US CITIZEN
Certificate of Naturalization
• Confers United States
Citizenship
CONNECT-A-KID/KAIRE 9/17/18
HOW DO YOU
KNOW IF YOU
ARE LEGALLY
A US CITIZEN
Certificate of Citizenship
• It does not confer United States
citizenship but only furnishes
recognition and evidence that the
applicant has previously obtained
such status.
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
69/17/18
HOW DO YOU
KNOW IF YOU
ARE LEGALLY
A US CITIZEN
Passport
• It does not confer United States citizenship
but only furnishes recognition and
evidence that the applicant has
previously obtained such status.
• You can (mistakenly) have a US passport
but not actually have US citizenship
CONNECT-A-KID/KAIRE 9/17/18
CUSTOMS AND BORDER PATROL (CBP)
• The enforcement of immigration laws are carried out by CBP
at the border or airport
• CBP’s mission is to inspect a person and confirm a person’s
admissibility to the country
• On average 1,100 people are arrested by CBP daily (i.e. drug
smuggling, attempted illegal entry, etc.)
• Either you will be confirmed a US citizen and released,
processed for removal, or sent to immigration court
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
79/17/18
IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE)
• The enforcement of immigration laws in the interior are carried
out by ICE (often only after a negative criminal interaction)
• ICE – Enforcement and Removal Operations (ICE – ERO) is
responsible for identifying removable individuals subject to the
Immigration and Nationality Act for presentation in front of the
immigration court
• Depending on the nature of the flag in the criminal system, ICE
– ERO, will detain them or come looking for the person
• Being a US citizen is not protection from enforcement by ICE –
Homeland Security Investigations (ICE – HSI) who enforces
criminal and immigration laws against immigrants and citizens
alike. This could result in eventual denaturalization.
CONNECT-A-KID/KAIRE 9/17/18
USCIS DENATURALIZATION UNIT
• Relatively new policy – if it turns out that USCIS has reason to
believe that naturalization was obtained fraudulently or in
error, then through this unit, USCIS will begin court proceedings,
in federal court, to denaturalize the citizen
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
89/17/18
WHAT YOU CAN DO
What can you do if you cannot find, do not have, or are unsure
of, your citizenship status
• Consult with an experienced immigration attorney before
moving forward
• Do a Freedom of Information Act (FOIA) Request to US
Citizenship and Immigration Service (USCIS fka INS) and the
Department of State (DOS) for your immigration files
• If you believe you have a US birth certificate - go to your
county of registration (birth) and request a new copy
• Reach out to the Consulate General of Korea to help with an
investigation into your paperwork
CONNECT-A-KID/KAIRE 9/17/18
AVOID IMMIGRATION “SERVICES”
• Immigration consultants
• Notarios
• Tax preparers or travel agents
• Other non-licensed, non-accredited or non-reputable sources
• Do your homework before hiring someone to assist you
• You DO NOT have the “exact same” case as your uncle,
brother, neighbor, or friend
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved
99/17/18
FOR MORE INFORMATION
• Contact
• Korean Consulate Los Angeles
• Connect-A-Kid
• Kaire
• Sonia S Figueroa, Esq.
• Law Offices of Sonia Figueroa-Lee
• 323-665-5770
• sonia@figueroa-lee.com
CONNECT-A-KID/KAIRE 9/17/18
Copyright © 2018, Sonia S Figueroa, all rights reserved 10You can also read
