Sunday, August 26, 2012

Win the Greencard Lottery and Then Get Citizenship - If I'm a Citizen Why Would I Get Deported?

If you win in the Greencard Lottery, you are legally permitted to reside in the United States. Many residents from foreign countries apply for citizenship after a few years of residency.

The US Citizenship and Immigration Service will conduct a criminal check on every person who applies for citizenship. If you have a criminal record, you may face denial of citizenship or have your citizenship taken away if the service finds out a crime was committed after a citizenship is given.

If I'm a citizen why would I be deported? Crimes that cause the loss of citizenship

Various crimes constitute denial of citizenship or revocation of it. If the crime is serious, you can be deported. Every applicant must complete the section on the form for disclosing any crimes committed in the past that led to conviction or were removed from your record.

• If you fail to disclose the required criminal information, the USCIS will reject your application and not grant citizenship. Your citizenship will be removed if the service finds at a later date that crimes were committed in the past. If an applicant has declared a criminal conviction or an arrest, documents related to the arrest, court decision and the punishment must be supplied to the authority.

Thursday, August 2, 2012

Birthright Citizenship - A Matter of Jurisdiction

It may be summer, but I have a pop-quiz for you. Who said, "Give me liberty, or give me death!" Right. Patrick Henry. How about this one, "Mr. Gorbachev, tear down this wall!" I'm sure you know that Ronald Reagan made that challenge. Finally, who recently said, "Being an American is not a matter of blood or birth. It's a matter of faith." That statement was made by Barack Obama during a speech about immigration reform.

When it comes to citizenship and who can be an American, is it a matter of faith, as the President stated? Or is it more accurate to say that American citizenship is a matter of settled law? The U.S. Constitution states in Article 1, Section 8, that Congress (the lawmaking branch of the three branches of government) has the authority to make laws governing citizenship. At the time the Constitution was written, the Framers were just coming to terms with all the details of forming a new nation. They all had been Englishmen before the Revolution, but now, they were Americans. The Founders had to settle the question of whom else could become an American.

Commentators and pundits argue that any child born on American soil, regardless of their parents' immigration status, should be granted American citizenship as a right of birth, or "birthright citizenship." The judicial branch in what are the three branches of government, have gone along with this, establishing a precedent for continued birthright citizenship. It is clear that birthright citizenship is an attractive benefit, as so many illegal alien mothers cross America's borders just to check in to an American hospital in time to give birth. These newborn babies are given automatic citizenship, and are an "anchor" for the family's future in the United States.

The Civil War was fought, in part, over the great question of slavery. Slaves were not considered fully human by many of their captors, let alone American citizens. After the slaves' emancipation, there were some who would not recognize their citizenship, nor the citizenship of their offspring. This was an argument that had to be settled. The question of who was entitled to American citizenship was addressed in the Fourteenth Amendment to the Constitution.