Immigration

Answer .

It is a very broad question. What was the circumstances of their deportation. Were the charges administrative or criminal. Do the two of you have a child together. Their ary lots of things that come in to play in order to give you a reasonable answer.

ANSWER

OK. There is really no simple or easy answer to this question as the answer depends upon several different factors. First of all, how long ago was your loved one deported and for how long were they deported for? Another factor is, if your illegal love is currently in theU.S. during their active deportation ( example: my husband was given a 10 year deportation in Oct. 04, and by Jan. 05 was back in the country illegally, obviously within the restricted 10 years) and can in some way be tracked and proved in any way such as a traffic ticket, record of them working, getting married, etc. they will automatically be given a reinstatement of their current deportation with a general penalty of 5-10 more years tacked on. If your illegal love is currently in the USA I would recommend living very cautiously. DO NOT let some money-hungry immigration lawyer convince you that for x-amount of thousands of dollars your loved one can stay here. It's a lie. Let me tell you about my situation. I met my now husband in '03, he was deported for 10 years in '04 and came back within a month. We continued to live here in the states together until '06 when we went to his hometown and married. (One of the above-mentioned money-suckers actually told us that this is what we should do) I lived with him in Mexico for 6 months and then came home alone, to presumably get everything in order to bring home my husband. Yeah right. So now here comes the fun-pretty much the onlyway for anyone with a deportation to be considered for a visa is to be given a pardon for the deportation. Now, from what I understand from the SEVERAL immigration attorneys that I have been through, there really are no guidelines as to who actually gets pardoned and who doesn't. The only requisite states that the citizen must prove "extreme hardship" as a direct result of the absence of the deported spouse. However, the definition of "extreme hardship" has been yet to be known by any moron attorney. From what one of the more compassionate lawyers I came across explained to me usually the only cases that get granted involve the couple having a gravely ill child. Generally, this pardon is rarely granted and any decent attorney should tell you that instead of giving you false hope and taking your money. My advice is that if your loved one is already here, live as low-key as possible until the deportation time is served, and if by the grace of God you guys make it all the way through without it being documented that they were here during that time, then go to their country of origin and get married or go to a lawyer and pretend that they have been in their country this entire time and ask for a fiancé visa. When it comes time for their immigration interview they will have to return to their country with the risk of still being denied for the visa. Unfortunately until there is a change in our immigration processes the only other thing left to do is pray every moment of every day for some sort of decent immigration reform that will allow all of our broken families to live together in peace once and for all. But I am not holding my breath. By the way, in our case, after lots of money and many denials for the pardon, he reentered illegally and we were fine until Dec. '08 when he was the victim of a horrible armed carjacking/kidnapping, and unbelievably due to the horrendously racist part of the USA that we live in, my husband was taken to jail with his aggressor. (My husband was arrested simply for his illegal status) With the new twist that my husband was the victim of a violent crime and aided in the prosecution of the case against his attacker, yet another immigration attorney appeared with promises of visas and citizenship. $7,000 and 6 months later, my husband was back in Mexico with the reinstatement of his prior deportation and an extra 10 years for being in the USA during the original 10 year timeframe. Now he's there and I'm here. What now? It's too dangerous over there right now to even think us living down there. We're stuck. So as far as I can tell, under the current, very difficult policies and regulations, there is a VERY slim chance of you being able to get your loved one any kind of permission to legally be here in the USA with you until their deportation is over.

The infant will be issued a certificate of live birth by the Canadian province in which the infant was born; that is, the baby becomes a Canadian citizen through Canada's jus soli. And, the baby most likely becomes a U.S. citizen through the American jus sanguinis, depending on the effect of Title 8, United States Code, section 1401 et seq., although if 8 U.S.C. §1401 et seq. applies to deem the infant a U.S. citizen by birth, steps should be taken to affirmatively assert that citizenship, such as obtaining a U.S. passport for the infant. It is only if these conditions are satisfied that the infant becomes a "dual citizen" under American law. If 8 U.S.C. §1401, et seq., were to be deemed to not apply, the infant would have to be naturalized to American citizenship under Title 8, United States Code, section 1421, et seq., in order to become a U.S. citizen.

It is instructive to understand what "dual citizenship" actually means.

The United States has two types of citizenship, citizenship by birth and citizenship by naturalization.

U.S. citizenship by birth and "dual citizenship"

The specification of what characteristics must accrue to those accorded U.S. citizenship by birth is primarily set forth in Title 8, United States Code, section 1401, but 8 U.S.C. §1401a, 8 U.S.C. §1402, 8 U.S.C. §1403, 8 U.S.C. §1404, 8 U.S.C. §1405, 8 U.S.C. §1406, 8 U.S.C. §1407, 8 U.S.C. §1408, and 8 U.S.C. §1409 also speak to this.

Some of those accorded U.S. citizenship by birth include persons born outside the United States. For instance, inter alia, 8 U.S.C. §1401(c), 8 U.S.C. §1401(d), 8 U.S.C. §1401(g) and 8 U.S.C. §1401(h) specify characteristics accruing to individuals who are considered U.S. citizens by birth, but who are born outside the geographical boundaries of the United States. This is the American jus sanguinis.

It is therefore corollary to this status that those individuals are both entitled to U.S. citizenship by birth through the jus sanguinis and citizenship in and of the relevant foreign nation through that nation's jus soli. That is, when one is a U.S. citizen by birth because one has the characteristics accruing to oneself that are specified in 8 U.S.C. §1401 et seq., it is a matter of birth, and not choice.

Therefore, by the jus soli as to both countries, one is a U.S. citizen by birth and in some way is subject to the citizenship laws of the foreign nation, simultaneously. This status is what is meant by the term "dual citizenship".

U.S. citizenship by naturalization and the legal impossibility of "dual citizenship"

U.S. citizenship by naturalization, however, stands in contrast to this. Particularly instructive about U.S. citizenship by naturalization, set forth in Title 8, United States Code, section 1421, et seq., is 8 U.S.C. §1448(a)(2):

"[a] person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath:

...

to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen[.]"

What this means is that under U.S. law, at the moment of naturalization, by U.S. law one is no longer a citizen of the nation from which one originated, and henceforth is only a U.S. citizen. Therefore, for naturalized citizens of the United States, it is legally impossible to be a "dual citizen".

Actually yes, the child would be a Canadian citizen because that was where he/she was born. The child can get dual citizenship if the US parents file papers stating the child was born out of country.

I don't know if the laws have changed but my parents were American citizens who came to Canada in 1935 and never gave up their American citizenship or voted in Canada. They had 2 children - my brother went back to the US before he was 21 and joined the US army and IS an American citizen. I stayed in Canada and voted in Canadian elections - which makes me Canadian. To my knowledge my parents never registered either one of us to get dual citizenship.

There are numerous method to acquire a US green card through:

• employment,
• a family member
• marriage.

Individuals who have already obtained a green card may require the green card to be replaced, renewed or perhaps it is time to remove the conditions on your Conditional Green Card issued based marriage. Immigration Direct guides you through the Green Card process making it simple, secure and affordable.