Selected Issues on Citizenship and Immigration Law: Citizenship and Children Thursday December 16, :30 p.m. – 3:00 p.m. EST

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Patricia Wonder Instructor, CUNY School of Professional Studies Partner, Johnson Wonder PLLC

Our Panel of Presenters Matilde Roman Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs Magdalen Kawinski Staff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

Immigration Law Studies Advanced Graduate Certificate Program Courses Introduction to Immigration Law Business Immigration Law Family-Based Immigration Law Proceedings in Immigration Court Naturalization and Citizenship

The goal of Citizenship Now! events is to help eligible individuals prepare their forms N-400, Application for Naturalization. Most events are held on Saturdays. CUNY Citizenship Now! Events

CUNY Citizenship Now! centers offer free immigration services to all members of the community- CUNY students and non-students. CUNY Citizenship Now! Immigration Centers

The Corps consists of volunteers who provide free naturalization application assistance at Citizenship Now! Events in New York City.

Volunteer with the CUNY/NYC Citizenship Now! Corps Complete a registration form at

Citizenship and Children Children can obtain U.S. citizenship by: Acquisition Derivation Citizenship by Application

Magdalen Kawinski Staff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

Acquiring Citizenship To determine whether a child acquired citizenship at birth, first find out if the child was born in wedlock or out of wedlock. Then verify the child's date of birth. Using the date of birth, find out whether the U.S. citizen (USC) parent meets the residence requirement necessary to transmit citizenship to the child. Magdalen Kawinski

Determining Whether Children Born Outside the U.S. in Wedlock Acquired Citizenship at Birth (Chart A Excerpt) STEP 1 Select period in which child was born STEP 2 Select applicable parentage STEP 3 Measure USC parent’s residence prior to the child’s birth STEP 4 Determine whether child has since lost U.S. citizenship PERIODPARENTS RESIDENCE REQUIRED OF USC PARENT RESIDENCE REQUIRED OF CHILD On/after 11/14/86 Both parents USCs One had resided in the United States or its outlying possessions. None One USC parent and one national parent USC parent had been physically present in the United States or its outlying possessions for continuous period of 1 year. None One USC parent and one alien parent USC parent had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. None Magdalen Kawinski

Poll Question John is a U.S. Citizen. While vacationing in Jamaica, he met Jane. They fell madly in love and married on January 1, After John returned to the United States, he petitioned for Jane so that she could receive an immigrant visa (green card) and move to the United States to be with him. On September 25, 1996, while she was still in Jamaica waiting for her visa interview, Jane gave birth to a baby girl named Annie. Is Annie a U.S. citizen?

Determining Whether Children Born Outside the U.S. in Wedlock Acquired Citizenship at Birth (Chart A Excerpt) STEP 1 Select period in which child was born STEP 2 Select applicable parentage STEP 3 Measure USC parent’s residence prior to the child’s birth STEP 4 Determine whether child has since lost U.S. citizenship PERIODPARENTS RESIDENCE REQUIRED OF USC PARENT RESIDENCE REQUIRED OF CHILD On/after 11/14/86 Both parents USCs One had resided in the United States or its outlying possessions. None One USC parent and one national parent USC parent had been physically present in the United States or its outlying possessions for continuous period of 1 year. None One USC parent and one alien parent USC parent had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. None Magdalen Kawinski

Children Born Out of Wedlock For children born out of wedlock, first determine if the mother was a USC at the time of the child’s birth. If the mother was not a USC at the time of the child’s birth, then determine if the child was legitimated or acknowledged by a USC father before the age of 18. Legitimation is the process by which the father becomes legally recognized as a parent. Once legitimated, the child is entitled to all of the benefits from the father, including legal status and immigration benefits. Magdalen Kawinski

Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) PART 1: MOTHER WAS A USC AT THE TIME OF THE CHILD’S BIRTH DATE OF CHILD’S BIRTH: REQUIREMENTS: On/after 12/24/52 Mother was a USC physically present in the U.S. or its outlying possessions for a continuous period of 1 year at some point prior to birth of child. Magdalen Kawinski

Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) Cont. PART 2: MOTHER WAS NOT A USC AT THE TIME OF THE CHILD’S BIRTH AND THE CHILD WAS LEGITIMATED/ACKNOWLEDGED BY A USC FATHER DATE OF CHILD’S BIRTH:REQUIREMENTS: On/after 11/15/71 1. Child/father blood relationship established by clear and convincing evidence; 2. Father must have been a USC at the time of child’s birth; 3. Father, unless deceased, must provide written statement under oath that he will provide financial support for child until he/she reaches 18; and 4. While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity of child in writing under oath, or paternity must be established by a competent court. 5. Use Chart A to determine if child acquired citizenship at birth. Magdalen Kawinski

Mike, a USC, was in Madrid on business in July During his trip, he met Maria, a citizen of Spain. Mike and Maria shared an unforgettable love affair. In the end, they went their separate ways and Mike returned to his life-long home in New York. On March 1, 2011, Maria gave birth to a baby boy named Miguel. Mike flew to Spain the next day. After the DNA test proved that he is the father, Mike acknowledged Miguel as his son, in writing under oath. Mike’s name was put on Miguel’s birth certificate. Is Miguel a U.S. citizen? Poll Question

Determining Whether Children Born Outside the U.S. Out of Wedlock Acquired Citizenship at Birth (Chart B Excerpt) Cont. PART 2: MOTHER WAS NOT A USC AT THE TIME OF THE CHILD’S BIRTH AND THE CHILD WAS LEGITIMATED/ACKNOWLEDGED BY A USC FATHER DATE OF CHILD’S BIRTH:REQUIREMENTS: On/after 11/15/71 1. Child/father blood relationship established by clear and convincing evidence; 2. Father must have been a USC at the time of child’s birth; 3. Father, unless deceased, must provide written statement under oath that he will provide financial support for child until he/she reaches 18; and 4. While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity of child in writing under oath, or paternity must be established by a competent court. 5. Use Chart A to determine if child acquired citizenship at birth. Magdalen Kawinski

Matilde Roman Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs

A child born outside the United States who obtains permanent residence may become a USC as a matter of law by virtue of his or her parent or parents’ birth or naturalization. The immigration law governing derivation of citizenship has required a combination of qualifying events to take place before the child turns a certain age. The law in effect at the time the ‘last qualifying act’ takes place is controlling. Deriving Citizenship Matilde Roman

The Child Citizenship Act (CCA) went into effect on February 27, Applies to natural born children and adopted children. Does not apply to stepchildren unless the stepparent legally adopts the child. Note that if the child is born out of wedlock and is not legitimated before the age of 16, the naturalization of the father will not result in the child gaining derivative citizenship. Current Derivation: Child Citizenship Act of 2001 Matilde Roman

Current law allows child born outside the United States to become a USC automatically when all the following conditions have been fulfilled in any order: ● At least one parent of the child is a USC, whether by birth or naturalization; ● The child is under the age of 18 and is unmarried; ● The child is residing in the United States in the legal and physical custody of the USC parent; and ● The child is a permanent resident. Derivation Criteria Under the CCA Matilde Roman

DATE OF LAST ACT:REQUIREMENTS: On/after 2/27/01 (Anyone born on/after 2/28/83 and meets the following requirements is a USC) a.At least one parent is a USC either by birth or naturalization. b.In the case of a child who was born out of wedlock, the mother must be the one who is or becomes a USC, OR, if the father is a USC through naturalization or other means, then the child must have been legitimated by the father before the child reaches the age of 16. c.Child is under 18 years old. d.Child must be unmarried. e.Child is a lawful permanent resident. f.Child is residing in the United States in the legal and physical custody of the USC parent. g.Adopted children qualify so long as s/he was adopted before the age of 16 and has been in the legal custody of, and has resided with, the adopting parent(s) for at least 2 years. Derivative Citizenship (Chart C Excerpt) Matilde Roman

Reyna, her husband, Juan, and their daughter, Bonita, left their home country of Ecuador and immigrated to the United States as permanent residents in They have been living together in Queens, NY, ever since. Last year, Reyna applied for naturalization. Her application was approved on April 15, She swore in as a U.S. citizen on May 15, Bonita’s date of birth is May 1, Has Bonita derived U.S. citizenship? Poll Question

DATE OF LAST ACT:REQUIREMENTS: On/after 2/27/01 (Anyone born on/after 2/28/83 and meets the following requirements is a USC) a.At least one parent is a USC either by birth or naturalization. b.In the case of a child who was born out of wedlock, the mother must be the one who is or becomes a USC, OR, if the father is a USC through naturalization or other means, then the child must have been legitimated by the father before the child reaches the age of 16. c.Child is under 18 years old. d.Child must be unmarried. e.Child is a lawful permanent resident. f.Child is residing in the United States in the legal and physical custody of the USC parent. g.Adopted children qualify so long as s/he was adopted before the age of 16 and has been in the legal custody of, and has resided with, the adopting parent(s) for at least 2 years. Derivative Citizenship (Chart C Excerpt) Matilde Roman

Prior to the Child Citizenship Act, generally, for a child to have derived citizenship, both parents must have naturalized or been USC’s while the permanent resident child was under 18 and unmarried. Exceptions apply when the child's other parent was deceased or the child’s parents were divorced or separated and the naturalized parent had legal custody of the child following the divorce or separation. Children born out of wedlock qualify if the child is not legitimated before the age of 16 and it is the mother who naturalizes. Derivation Criteria Before the CCA Matilde Roman

Form N-600, Application for Certificate of Citizenship, may be filed by any person claiming to have acquired (at birth) or derived (after birth) U.S. citizenship. In the case of adopted or biological children under 18 who qualify, the application must be filed by the USC parent or legal guardian having legal and physical custody of the child. Form N-600 is available at or by calling the USCIS forms request line at (800) Filing Form N-600 Matilde Roman

Filing fee is $600. (If filing on behalf of an adopted minor child under INA § 320, fee is $550. No fee when filed by a member or veteran of any branch of the U.S. Armed Forces.) Application is mailed to the USCIS Field Office with jurisdiction over the applicant's place of residence. Filing Form N-600 Matilde Roman

Persons claiming to have acquired or derived U.S. citizenship may apply for a U.S. passport directly, without first obtaining a Certificate of Citizenship from USCIS, though a Certificate of Citizenship is best evidence of U.S. citizenship. U.S. PASSPORT APPLICATION: All first-time applicants must submit Form DS-11 in person (with original documents) at an acceptance facility or passport agency Application is adjudicated by the Department of State based on the paperwork submitted (no interview) Filing fee for applicants under age 16, $105 / age 16 & older, $135 Average processing time is 4-6 weeks U.S. Passport v. Certificate of Citizenship Matilde Roman

Children in the United States legally, but not as permanent residents, who meet the requirements listed below, can become USC’s. To qualify, all of the following must be true: One parent is a USC; The child is under 18; The child is temporarily present in the United States after a lawful admission and is maintaining lawful status; The child is residing outside the United States in the legal and physical custody of the USC parent; and The USC custodial parent has been physically present in the United States for five years, two of which were after his/her 14 th birthday. Citizenship by Application Matilde Roman

If the child is adopted, the child must have been adopted prior to age 16 and must meet all the requirements for an adopted child or orphan. If the USC parent has not met the requirement of having been physically present in the United States for five years, two of which were after his/her 14 th birthday, the child may still obtain citizenship if: ⁻ A USC grandparent (parent of the USC parent) has been physically present in the U.S. for five years, two of which are after the child’s 14 th birthday. Citizenship by Application Cont. Matilde Roman

Juan was born in Peru in He was raised by his Peruvian mother and father until 2000, when his father's employer moved him to the U.S. Even though they separated, his parents remained legally married. Juan's father worked in the U.S. for several years, and his job sponsored him for his green card. Eventually, Juan's father naturalized in the U.S. and, in 2008, he returned to Juan and his mother in Peru. Juan wanted to study in the U.S. and so he went to New York City in July 2010 on a visitor's visa to visit colleges. He was given six months to stay in the U.S. His father accompanied him on the trip. Can Juan obtain citizenship by application? Poll Question

For the child to be recognized as a USC, Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, must be filed. In the case of minor adopted or biological children, the application must be filed by the USC parent with legal and physical custody over the child. In cases where the USC parent is deceased, the USC grandparent or USC legal guardian can file the application. and the child need not be residing in the legal and physical custody of the applicant. Filing Form N-600K Matilde Roman

Form N-600 is available at or by calling the USCIS forms request line at (800) Filing fee is $600 (there are exceptions). Application is mailed to the USCIS Field Office with jurisdiction over the applicant's place of residence. Filing Form N-600K Matilde Roman

Questions and Answers

Q&A: Our Panel of Presenters Patricia Wonder Instructor, CUNY School of Professional Studies and Partner, Johnson Wonder PLLC Matilde Roman, Deputy Commissioner/ General Counsel, New York City Mayor’s Office of Immigrant Affairs Magdalen Kawinski, Staff Attorney, New York City College of Technology Immigration Center, CUNY Citizenship Now!

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Acknowledgements Paul Russo Director of Online Programs CUNY School of Professional Studies Kelley Kawano Instructional Technology Fellow CUNY School of Professional Studies Antonia Levy Instructional Technology Fellow CUNY School of Professional Studies Allan Wernick Director CUNY Citizenship Now! A. Sofia Carreño Communications Coordinator CUNY Citizenship Now! David Sturniolo Communications Assistant CUNY Citizenship Now! Gabriel Espinal Communications Assistant CUNY Citizenship Now!

For further questions regarding the information presented during this webinar please contact Patricia Wonder