Neil cowler 0

Immigration & Nationality Act Reform - INA 320 - Derivative Citizenship

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I will try to keep this as short and simple as possible.

This petition is for the family and friends of children born to parents or legal guardians who immigrated to the United States of America between the year 1941 and 2001 and where one of the child's parents were a US citizen either by birth or naturalization.

Immigration and Naturalization Act allows for automatic acquisition or 'derivative' citizenship for some children of a parent(s) who are either a US citizen from birth or through naturalization.

Nationality Chart #3 ( http://www.uscis.gov/policymanual/PDF/NationalityChart3.pdf ) clearly defines the requirements for derivative citizenship for children born outside the United States dependent on the year they were born or the year at which they turned 18.

- Up to the year 1941, only one parent was required to be a US citizen with a Permanent Resident (PR) child under the age of 21 in order for that child to automatically acquire US Citizenship.

- After 1941 until 2001 BOTH parents were required to be US citizens with a PR child under the age of 18.
There are special circumstances to this which can be found in detail here:
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

For some reason after the Childs Citizen Act of 2000, INA 320 was reverted back to only requiring one parent to be a US citizen having legal custody of a child under the age of 18 living in the US.

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The impact of Act 320 has had a major impact on my life. My family immigrated to the USA from the UK in 1978 when I was 5.
I lived out most of my life in California. Graduated high school and attended college.
Through all my adolescent schooling, I stood every morning and pledged allegiance to the US flag.
My father is a US citizen, my mother and older brother a PR since 1978. I have a younger brother and 2 children who are all US citizens.
In 2006, I accepted and engineering position overseas and when I tried to return my nightmare began.
Still today I am anxiously waiting to return to my family, but have been on a waiting list for a new PR since 2009.

I hope to get enough signatures which will mandate National and State Assemblies to consider retroactive amendment of the Childs Citizen Act of 2000 INA 320 to extend back to the year 1941.

Please Note:
If you are not a US Citizen or registered US voter, please do not sign this petition.

The INA in its' entirety can be found here:
http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

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