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1761 Hotel Circle S.
Suite 280
San Diego, CA 92108


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225 Bush Street
16th Fl., Ste 248 San Francisco, CA 94104
davidwhalen@yahoo.com

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1.888.688.0761

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(01)619.338.8248

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Immigration
Overview
Citizenship
At Whalen & Associates, we have helped countless persons obtain citizenship in the U.S. We have also assisted many persons who have been citizens all their life but have not been aware. This is often the case to a child born in a foreign country to a U.S. citizen parent. Such individual may have had a Green Card for 20 years or more and never knew they were in fact citizens of the U.S. If you think you may fit in this category read below and contact us for specific advice.

A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.

The 14 th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

Information on who is a citizen or national at birth can be found in the following sections of the INA:
§ 301 , § 302 , § 303 , § 304 , § 305 , § 306 , § 307 , § 308 , and § 309 .

Definition of country of citizenship.

For information on restoration of citizenship see § 324 and § 327 . This is often a complicated process. Whalen & Associates has had much success in assisting persons who were unable to obtain a U.S. Passport since they were accused of losing their U.S. Citizenship. We have been able to get their U.S. Citizenship restored.

For information on posthumous citizenship, see § 329A .

The procedure for applying for proof of citizenship is contained in
8 CFR 341
.

The U.S. Department of State's web pages on
Citizenship and Nationality
provides guidance on some citizenship issues including information on dual nationality, documentary evidence required to establish a citizenship claim, and renunciation of U.S. citizenship.

Naturalization
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
  • a period of continuous residence and physical presence in the United States;
  • residence in a particular USCIS District prior to filing;
  • an ability to read, write, and speak English;
  • a knowledge and understanding of U.S. history and government;
  • good moral character;
  • attachment to the principles of the U.S. Constitution; and,
  • favorable disposition toward the United States.
Note: Recent changes in immigration law and USCIS procedures now make it easier for U.S. military personnel to naturalize
(see Naturalization Information for Military Personnel ).

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens. Applicants should review the following materials and carefully read the N-400 application instructions before applying.