Baltimore, MD asked in Immigration Law

Q: In Wong Kim Ark did his attorneys ask SCOTUS to declare Wong to be a Natural Born Citizen?

USCIS Step #9 states there is no citizenship without allegiance. We know a citizen passes on allegiance. A non citizen must go thru naturalization. A legally approved by application/approval PERMANENT RESIDENT OR US National can be the birth parent of a citizen born in the USA. I contend the subject to the jurisdiction clause of the 14th is meant to exclude all temporary visitors of which all illegals and most visa holders are therefore made not eligible for citizen status via the 14th AND I further claim the 14th is a naturalization tool making it obvious that step 9 in the USCIS guidelines to citizenship applies to all who seek citizen status via the 14th. I further contend the 14th does not convey natural born status but it can convey basic citizen status for those who qualify by the simple act of pledging allegiance once the age of consent has been attained. What say you??

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: You misunderstand the lawful immigration visa process. There is no such 'official step 9.' It can take many more than 9 steps in the immigration visa process! You claim to know, but seem to understand very little!

In the beginning, all of those who were inspected and admitted could eventually apply for citizenship by naturalization; this, after several years. That option ended many many years ago with your ancestors! Citizenship tests and criteria must proceed the oath of allegiance for all alien lawful permanent residents.

The Constitution's Alienage Clause allows Congress to make all laws regarding alienage. The laws to become a conditional, let alone lawful permanent resident have become very restrictive. Congress complicated the process over the last 100 years. However, the law on citizenship by birth is different. Otherwise, we'd have even more chaos!

Our Constitution clearly holds that those who were born within the U.S., 'except' those who are not subject to the jurisdiction of the U.S. are not citizens. The only aliens not subject to jurisdiction of the U.S. are those sons and daughters of "blue listed diplomats" born in the U.S. A diplomat's allegiance, upon admission and inspection is clear from their diplomatic visas.

Our Nation values life, liberty and the pursuit of happiness. It holds that those individuals born of the soil are citizens except the abovementioned diplomats who may not value the rights of others. Those born abroad, of limited blood relations, may derive citizenship depending upon a complicated chart; yet, quite a few are disqualified. Therefore, this latter, so called natural born or derived citizenship status is also controlled by Congress. Why? Well, again, because laws concerning Alienage are within Congressional control. Those born outside of the U.S. are aliens unless Congress enacts laws, otherwise, subject to judicial review.

Many aliens are denied permanent resident or citizenship status. Some end their efforts due to confusion. Others are denied, due to a mistake or unknowingly rely on con artists. Some, simply give up! A person must first apply or be petitioned. Many who apply for green cards are disqualified as a matter of law or discretion. Those who become green card holders must remain in the U.S. for at least five years; three if married to a U.S. citizen. Those who are in armed forces may process sooner, This, before applying just to take the test and be reviewed for naturalization.

These permanent resident green card holders must also demonstrate good moral character before they qualify for citizenship by naturalization. All can be denied citizenship by naturalization if they do not meet a significant number of grounds. They may even fail the civics, law and history test. A permanent resident can abandon, or forfeit, their status, so they are not truly permanent.

Consider applying for a job working for DHS or in an immigration law office. You may develop both understanding and compassion. Both GOP or Democratic dominated Congresses with their presidents lacked the resources, political will, and understanding to reasonably deport or legalize those aliens here for decades. These individuals, like America's forefathers, lack any hope for liberty due to significant restrictions on lawful immigration. Yet, they choose to stay, anyway. Whether any of us likes it or not!

Congress tends to disregard unscrupulous employers, who are unlawfully hiring those without the proper paperwork to work. Congress refuses to challenge too many; this, for hiring those without work authorization, permanent resident status or Citizenship. Many simply don't know or don't want to know the law. Welcome to America!

The above is general information, not legal advice, and does not create an attorney client relationship.

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