quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
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Cali<strong>for</strong>nia Quick Reference Chart <strong>and</strong> Notes<br />
February 2010<br />
a one-year sentence in these cases will not prevent an aggravated felony. See § N.5 on<br />
aggravated felonies.<br />
K. Is your client a U.S. citizen or national without knowing it?<br />
A United States citizen or national cannot be deported. Any person born in the United<br />
States is a U.S. citizen, except <strong>for</strong> certain children of <strong>for</strong>eign diplomats. Persons born in Puerto<br />
Rico, Guam <strong>and</strong> U.S. Virgin Isl<strong>and</strong>s, as well as those born after November 4, 1988, <strong>and</strong> in many<br />
cases be<strong>for</strong>e, in the Northern Mariana Isl<strong>and</strong>s also are U.S. citizens. 8 USC § 1101(a)(38), INA<br />
§ 101(a)(38). A national of the United States is not a U.S. citizen, but cannot be deported.<br />
Persons born in an outlying possession of the United States, <strong>for</strong> example in American Samoa <strong>and</strong><br />
Swains Isl<strong>and</strong>s, are nationals. 218 See additional discussion in § N.1, Part C.<br />
Many people who were born in other countries also are U.S. citizens <strong>and</strong> may not know<br />
it. Many people born abroad inherited U.S. citizenship at birth from a parent without being<br />
aware of it. Others who were permanent residents here as children may have automatically<br />
become citizens when a parent naturalized. To begin the inquiry, ask the defendant the<br />
following two threshold questions. If the answer to either one is yes, get <strong>immigration</strong> counsel to<br />
see if citizenship indeed was conveyed.<br />
• When you were born did you have a parent or a gr<strong>and</strong>parent who was a U.S. citizen?<br />
• At any time be<strong>for</strong>e your 18 th birthday did the following take place (in any order): you<br />
were a permanent resident, <strong>and</strong> one or both parents naturalized to U.S. citizenship?<br />
218 See INA §§ 308, 8 USC §1408 <strong>and</strong> INA §101(a)(29), 8 USC §1101(a)(29). For a complete description of who<br />
can be noncitizen nationals, please see INA § 308 <strong>and</strong> books such as Cohen et all, Naturalization: An Advocates<br />
Guide at www.ilrc.org..<br />
N-144 Immigrant Legal Resource Center