by Miguelito » Wed Apr 01, 2015 8:38 pm
I personally believe that immigration lawyers for cases like all of these are not necessary. The requirements and the process are all clearly laid out online, and the forms are readily available. On the form it states where and how to submit it. Typically a lawyer will just give you the forms to fill out, then submit them on your behalf. He doesn't work any sort of magic for you, but can charge very steep fees for this. That being said, if you're being deported or something a little more serious, then by all means an experienced lawyer can help.
What slows down most people in this process is lack of attention to details. There are numerous forms to be filled, and many people will miss one, or fill one out incorrectly.
As for
requirements to gain actual citizenship through marriage, they (your spouse) must comply with Section 319 of the
Immigration and Nationality Act (INA). Sections (a) and (b) will probably be most relevant here.
For the issue of the law on children born outside the U.S., Sec. 301. [8 U.S.C. 1401] states that the following shall be nationals and citizens of the United States at birth (I think that this is the most applicable for those interested in this discussion):
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
What is also interesting with this is that your child will be allowed to run for President, despite all that "must be born in the U.S." nonsense. What the constitution says is that the child must be a "natural born citizen." There is a very small debate about this, but most legal scholars argue that the child would be allowed to be president - such as Senator Ted Cruz, who is currently running for the Republican nomination, who was born in Canada to a Cuban father and American mother.
I personally believe that immigration lawyers for cases like all of these are not necessary. The requirements and the process are all clearly laid out online, and the forms are readily available. On the form it states where and how to submit it. Typically a lawyer will just give you the forms to fill out, then submit them on your behalf. He doesn't work any sort of magic for you, but can charge very steep fees for this. That being said, if you're being deported or something a little more serious, then by all means an experienced lawyer can help.
What slows down most people in this process is lack of attention to details. There are numerous forms to be filled, and many people will miss one, or fill one out incorrectly.
As for [url=http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens]requirements to gain actual citizenship through marriage[/url], they (your spouse) must comply with Section 319 of the [url=http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html]Immigration and Nationality Act (INA)[/url]. Sections (a) and (b) will probably be most relevant here.
For the issue of the law on children born outside the U.S., Sec. 301. [8 U.S.C. 1401] states that the following shall be nationals and citizens of the United States at birth (I think that this is the most applicable for those interested in this discussion):
[quote](g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; [/quote]
What is also interesting with this is that your child will be allowed to run for President, despite all that "must be born in the U.S." nonsense. What the constitution says is that the child must be a "natural born citizen." There is a very small debate about this, but most legal scholars argue that the child would be allowed to be president - such as Senator Ted Cruz, who is currently running for the Republican nomination, who was born in Canada to a Cuban father and American mother.