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U.S. Citizenship by Acquisition: A Modern Madame Butterfly Story When David graduated from the U.S. Naval Academy in Annapolis, Maryland, the world was his to explore. A country boy from Iowa, he had never been outside the country and was excited to be a freshly commissioned ensign assigned to the naval base in Yokosuka, Japan. The “veterans” on base were quick to introduce David to the Honch, a nightlife district located right outside the naval base. It was there that he met Mika, a waitress who often served David and his friends. David and Mika were soon a couple and a blissful year passed, at the end of which David was transferred back to the States. He unknowingly left Mika a few weeks pregnant. Mika was furious at David for failing to keep in touch. She decided not to inform him of her pregnancy: this child would be hers alone. In March of 2004, Mika gave birth to a baby boy she named Michael. He became the light of Mika’s life. Michael was barely four when Mika received shocking news: she had leukemia and it was terminal. “What would happen to David when she was gone?” Mika wondered. She had no close living relatives and a child was too big of a burden to bestow upon a friend. For the first time in four years, Mika thought about David again. She looked up his contact information through the internet and sent him an email. One week later, David contacted our offices. He was shocked by Mika’s news. His own father had been a deadbeat dad and from childhood, David had vowed never to be like his father. He wanted to make amends and bring Michael to the United States. Could Michael acquire U.S. citizenship through his father? The U.S. Department of State makes a couple of distinctions concerning acquisition of citizenship by a child born abroad to a citizen and an alien parent. If the child is born in wedlock, then he or she acquires citizenship at birth. The only stipulation is that the citizen parent was physically in the United States for five years, two of which were after the age of 14. This is only applicable for children born on or after November 14, 1986: children born before this date are subject to a previous law. For out of wedlock children born to a citizen and alien parent, there are different requirements based on whether the citizen is the mother or father. Citizenship by acquisition is relatively easier if the mother is the citizen. The child may acquire citizenship if the citizen mother was previously in the United States for a continuous period of one year. If the citizen is the father, more stringent conditions must be met:
David was advised to get a paternity test in order to establish a blood relationship with Michael. He traveled back to Yokosuka to stay with Michael during Mika’s final months. Afterwards, David plans to bring Michael to the United States and get his parents help in raising him. Like Madame Butterfly, Giacomo Puccini’s opera heroine, Mika’s story is bittersweet one. However, she can rest in peace knowing that in the United States, Michael will have more opportunities than she could ever give him. “That you may go away ------ (09/19/2008) For more immigration news, please click here |
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