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Today we're going to talk about how people become derivative citizens of the United States and first let me back it up and tell you how people become citizens all together first if you're born in the United States under the Fourteenth Amendment of the Constitution you are a US citizen and when you say the U.S. it can be the 50 states remember can also be Puerto Rico Guam or the Virgin Islands okay secondly you can go through the green card process and then naturalize that's another way to become a citizen of the US and then finally derivative citizens or people who become citizens because their parents or grandparents or somebody in their lineage became a citizen of the United States when they were a certain age they can either get citizenship at birth, and we call that acquiring US citizenship at birth or while they're a minor which is driving u.s. citizenship before a certain age now the problem with this I used to be a derivative citizenship attorney for the Immigration Service back in the 70s, and it's very hard to find the laws because the laws were changed in 1934 they were changed in 1940 they were changed in 1952 and on and on and on, and it's kind of hard to find the old laws in some old laws there was something called a retention requirement that if the derivative citizen didn't come to the United States before a certain birthday they'd lose their citizenship, but now the retention requirements have been taken out of the law retroactive Lee so somebody who is told that they lost their citizenship may want to reapply because they may not have actually lost their citizenship there's four citizen charts very complicated they are all posted under the citizenship page on our website rates at citizenship through parents take a look at those charts that's the best figure out these old laws how does it work let me give you an example we call this the citizenship waltz number one when were you born that determines whether it's the 34 law the 40 law the 52 law the 86 law which law applies then secondly for both your parents u.s. citizens if they were then you're probably a citizen very, very few people don't acquire the citizenship at both their parents were citizens at the time of their birth but the trickier case is that we specialize in is what happens when only one of your parents was a citizen usually that parent has to reside in the United States or be physically present in the United States for a certain amount of time before your birth and a certain amount of time after their 14th or 16th birthday I can't be more specific than that got to look at the charts and then there was that old retention clause that's no longer part of the law let me tell you a couple of stories that hold these are real cases that we have, and they will kind of illustrate some problems in derivative citizenship law let me tell you about Mr. Garcia Mr. Garcia was a fellow whose mother walked into my office about ten years ago, and she said my son is serving time in...
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