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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in citizenship

Posted on in Immigration

Chicago immigration lawyers, dual citizenship, citizenship, United States citizenship, path to citizenshipIn today’s interconnected world, holding more than one nationality is somewhat commonplace. In the United States, however, it was illegal to hold dual citizenship until relatively recently, as the law barring the practice was only overturned in 1967. There are still restrictions in place that do bar dual citizenship in certain circumstances. Still, most of the time it is perfectly legal to do so assuming you meet the other requirements for citizenship.

Often Acquired by Chance

The majority of dual nationals within the United States or its territories have acquired the status simply due to chance or relationship. Children born to U.S. nationals while they reside in other countries will almost always qualify for dual citizenship. For example, a child born in Germany to married U.S. citizen parents will qualify for both German and U.S. citizenship; the first through location of birth, the second through their parents’ fulfilling citizenship and residency requirements under U.S. law.

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Posted on in Immigration

Chicago immigration attorneys, immigrants rights, undocumented immigrant, citizenshipIn the recent charged climate in the United States, there has been fierce debate over how to balance free speech rights with the rights of immigrants, especially the undocumented, to be free of harassment or governmental mistreatment. Some persist in the misconception that non-citizens have no Constitutional rights whatsoever, which could easily lead to a normalization of persecution of even those who have legal status in the country. Some simply are uncertain. Immigrants do have certain rights, even if undocumented, though, and it is important to be aware of them if you or a loved one is caught up in recent events.

Constitutional Basis

The 14th Amendment to the U.S. Constitution is what grants the most important rights to all people within the borders of the United States, regardless of citizenship status. Its Equal Protection Clause states that no state may “deny to any person within its jurisdiction the equal protection of the law.” It does not specify citizens or immigrants with status; it says persons, and as such, this clause has been construed to apply to everyone present. The Equal Protection Clause itself essentially holds that no one may be discriminated against on the basis of certain immutable characteristics like race, gender or nationality, without a compelling state interest in doing so.

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Chicago deportation defense attorneys, revoke citizenship, citizenship application, deportation order, deportationTo lie on one’s application for United States citizenship can put you in deportation proceedings if the lie is ever discovered. Historically, any lie, even the most inconsequential falsehood about petty issues, was grounds for revocation of citizenship. However, in June 2017, the U.S. Supreme Court handed down a ruling that changed this—a ruling that will be significant for many future immigrants who decide to naturalize.

The Ruling

The Court was unanimous in its ruling in favor of Divna Maslenjak, an ethnic Serb originally from Bosnia, who admitted to lying on her application for refugee status about her husband’s military service. Both of the last two administrations have held that this made her deportable, and indeed she and her husband were both deported in October 2016.

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Chicago naturalization attorneys, citizenship, military service, naturalization,  military recruitsGiven the current state of military technology, fewer people are signing up to join the service than was once perhaps the case. This, along with a general, growing distaste for constant conflict, has led the United States military to consider other options. If you fit certain characteristics, you may be eligible to claim U.S. citizenship after your military service has been completed; still, this is not the case for every enlisted person. Nonetheless, it is a good idea to familiarize yourself with the program.

Origins of the Program

Many, many people have joined the U.S. military in order to seek citizenship, but only since 2002 has the process been expedited specifically for military personnel. In the days following the 9/11 attacks, President George W. Bush authorized a quicker citizenship processing time for military recruits via executive order, knowing that the military would need to grow in size rapidly as it was pledged to attack terrorist cells around the globe. Recruits with potential to become translators or cultural experts were prioritized; however, anyone who met the requirements was permitted to go through the process. In 2009 it was expanded, with recruits getting the opportunity to naturalize at the end of basic training.

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Naturalization Rights & ResponsibilitiesWhile most people are well aware of the rights that come with becoming a U.S. citizen, there are also very distinct responsibilities that accompany this status. While these responsibilities are fairly common sense in most respects, it is still foreseeable that not being aware of certain requirements could land you in trouble later on in life. While a list is given to you when you naturalize, it is important that you truly understand each item, be it a perk or an obligation.

The Rights of Naturalized Citizens

Of course, once you become a naturalized U.S. citizen, you enjoy all the same rights as a person who was born in the country. You are entitled to all Constitutional rights, such as the right to vote, the right to an attorney under the Fifth Amendment (in certain instances, immigrants are not entitled to be represented by an attorney unless they pay for the service), and the unfettered right to employment, including government jobs and other potentially sensitive positions that are not open to non-citizens. You are also entitled to more intangible benefits such as specifically enumerated freedoms you may not have enjoyed in your former country.

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