cross-posted from the citizenshipsolutions blog
Prologue:U.S. citizenship is not as attractive as it was
Making Choice to Halt at Door of Citizenship https://t.co/Z7A1d8Mvrq – Interesting: fewer Green Card holders taking step to become citizens
— Citizenship Lawyer (@ExpatriationLaw) June 19, 2017
One benefit of U.S. citizenship: If one is a U.S. citizen then one cannot be deported from the USA
Some Green Card holders become U.S. citizens. Some do NOT become U.S.
citizens. Many of those Green Card holders become U.S. citizens in order to avoid the possibility of deportation. Deportation results in expatriation and can (among other things) subject the unfortunate Green Card holder to the S. 877A Expatriation Tax, which can result in significant confiscation of assets. In fact, the S. 877A Expatriation Tax discourages people from seeking Green Cards in the first place. That said, it is only Green Card Holders who are “long term residents” who are subject to the Exit Tax.
The plight of Mr. Morales-Santana: No U.S. citizenship = the possibility of deportation
The facts as described by the court:
In 2000, the Government sought to remove Morales-Santana based on several criminal convictions, ranking him as alien because, at his time of birth, his father did not satisfy the requirement of five years’ physical presence after age 14. An immigration judge rejected Morales-Santana’s citizenship claim and ordered his removal. Morales Santana later moved to reopen the proceedings, asserting that the Government’s refusal to recognize that he derived citizenship from his U. S.-citizen father violated the Constitution’s equal protection guarantee.
To be deported or not to be deported – it depends on Mr.Morales-Santana’s claim to U.S. citizenship
In order to avoid deportation, Mr. Morales-Santana needed to establish that he was a U.S. citizen.
In order for the U.S. Government to deport Mr. Morales-Santana, it needs to establish that he was NOT a U.S. citizen.
If you wanted to argue that Mr. Morales-Santana was a U.S. citizen, then how would you make the argument?
Facts: Mr. Morales-Santana was born (1) outside the USA and (2) out of wedlock. He was NOT born to a U.S. citizen parent who met the U.S. “physical presence requirements” to transmit U.S. citizenship! How could he then be a U.S. citizen?