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If your born in America Samoa are you a U.S. Citizen at birth?

The DC Circuit upheld the district court, ruling that the Fourteenth Amendment’s Citizenship Clause does not extend birthright citizenship to those born in American Samoa, because the Citizenship Clause is textually ambiguous as to whether “in the United States” encompasses America’s unincorporated territories, and it is “impractical and anomalous” to impose citizenship by judicial fiat where doing so would override the democratic prerogatives of the American Samoan people.

Another Win for Law Offices of Brian Lerner on DUI expungment

Motion to expunge 2010 DUI conviction granted.  Client can now apply for naturalization.

Another Immigration Win

Naturalization application recommended for approval for client with an arrest for attempted murder and drug and robbery convictions who had previously been granted 212(c) relief.

CA2 on False Claims of Citizenship on Form I-9

The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship.

CA3 on False Claims to Citizenship

The court found that the petitioner did not make a false claim to U.S. citizenship for the purposes of INA § 212(a)(6)(C)(ii) when he allegedly told the city police that his place of birth was Puerto Rico.

CA7 Upholds District Court’s Revocation of Citizenship

The court agreed with the district court’s finding that the defendant illegally procured his citizenship, noting he lacked the requisite good moral character due to two controlled substances violations committed during the relevant period.

USCIS Reminder Regarding Change in N Forms Filing Location

USCIS press release reminding stakeholders that after 12/2/11, certain naturalization and citizenship forms that are received at local and district offices will no longer be forward to the appropriate USCIS lockbox facility.

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