U.S. Naturalization Policy
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From Immigrant to Citizen in a Multicultural Country
Social Inclusion (ISSN: 2183–2803) 2018, Volume 6, Issue 3, Pages 229–236 DOI: 10.17645/si.v6i3.1523 Article Passing the Test? From Immigrant to Citizen in a Multicultural Country Elke Winter Faculty of Social Sciences, University of Ottawa, Ottawa, ON K1N 6N5, Canada; E-Mail: [email protected] Submitted: 3 April 2018 | Accepted: 15 May 2018 | Published: 30 August 2018 Abstract Almost all Western countries have recently implemented restrictive changes to their citizenship law and engaged in heated debates about what it takes to become “one of us”. This article examines the naturalization process in Canada, a country that derives almost two thirds of its population growth from immigration, and where citizenship uptake is currently in decline. Drawing on interviews with recently naturalized Canadians, I argue that the current naturalization regime fails to deliver on the promise to put “Canadians by choice” at par with “Canadians by birth”. Specifically, the naturalization process constructs social and cultural boundaries at two levels: the new citizens interviewed for this study felt that the nat- uralization process differentiated them along the lines of class and education more than it discriminated on ethnocultural or racial grounds. A first boundary is thus created between those who have the skills to easily “pass the test” and those who do not. This finding speaks to the strength and appeal of Canada’s multicultural middle-class nation-building project. Nevertheless, the interviewees also highlighted that the naturalization process artificially constructed (some) immigrants as culturally different and inferior. A second boundary is thus constructed to differentiate between “real Canadians” and others. -
Due Process for Us Permanent
DUE PROCESS FOR U.S. PERMANENT RESIDENTS: THE RIGHT TO COUNSEL Sandra E. Bahamonde* I. INTRODUCTION ....................................... ........ 86 A. Immigration Court Proceedings ................. 88 II. LEGAL PERMANENT RESIDENTS. ......................... ....... 89 A. StatisticalInformation on LPRs ................. ..... 91 B. LPRs and IIRAIRA ................................. 91 III. CONSTITUTIONAL PROTECTIONS............................92 A. Life, Liberty and Propertyfor LPRs ........... ........ 93 B. The Gideon Promise........................ 95 C. Padillav. Kentucky ...................... ......... 96 IV. CIVIL OR CRIMINAL PROCEEDINGS ............................. 97 A. Article I Courts................................... 98 B. ProtectionsAfforded in Criminal Versus Civil Cases.............98 C. Matter of Castro ................................ 100 V. CIRCUIT SPLIT .............................................. 101 VI. CONCLUSION .................................................... 104 In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago. How does the United States, a country founded and built by immigrants, protect immigrants from such peril? The Fifth Amendment to the U.S. Constitution provides that, "no person ... shall be deprived of life, liberty or property, without due process of law."2 The inclusion of "no persons," extends due process protection to aliens and -
Taking Foreign Country's Citizenship No Longer Represents Automatic Basis
TAKING FOREIGN COUNTRY’S CITIZENSHIP NO LONGER REPRESENTS AUTOMATIC BASIS FOR LOSING GEORGIAN CITIZENSHIP In July 2018, Parliament of Georgia passed amendments to the Law on Georgian Citizenship, which changed the rules and conditions of granting citizenship, mostly in a positive way. LAW, INITIATOR Law: On Amendments to the Organic Law of Georgia on Georgian Citizenship Initiator:Legal Issues Committee Author: Working Group on Harmonization of the Legislation with the Constitution operating under the Legal Issues Committee ESSENCE OF THE LAW In October 2017, in accordance with the amendments made to the Constitution, important issues related to citizenship fell under the new regulation: • Taking a foreign country’s citizenship no longer represents an automatic basis for losing Georgian citizenship; • The conditions for retaining Georgian citizenship in the event of taking another country’s citizenship have been defined; • Eligibility criteria for granting citizenship have been changed; • The conditions have been defined for granting citizenship by rule of exception; • The rules of applying for citizenship, application review process and appealing against the decision made have been changed. At the same time, the Georgian citizens who were granted another country’s citizenship but no decision was made on stripping them of their Georgian citizenship prior to 15 August 2018, have the right to apply, in the course of one year starting from 15 August 2015, to the [Public Service Development] Agency with the request to retain their Georgian citizenship. 1. ELIGIBILITY CRITERIA FOR GRANTING CITIZENSHIP VERSION BEFORE AMENDMENTS NEW REGULATION In the event of granting citizenship according to ordinary h 10 years rule, a person must live in Georgia continuously for the past 5 years. -
Strengthening Canadian Citizenship: but How and for Whose Benefit? the Rise and Fall of (Bill) C24, Or Towards a Hierarchized Canadian Citizenship
STRENGTHENING CANADIAN CITIZENSHIP: BUT HOW AND FOR WHOSE BENEFIT? THE RISE AND FALL OF (BILL) C24, OR TOWARDS A HIERARCHIZED CANADIAN CITIZENSHIP by Antoine Marie Zacharie Habumukiza BA, National University of Rwanda, 2006 MA, Queen’s University, 2009 Diploma (SSW), Seneca College, 2016 A Major Research Paper presented to Ryerson University in partial fulfillment of the requirements for the degree of Master of Arts in the program of Immigration and Settlement Studies Toronto, Ontario, Canada, 2017 © Antoine Marie Zacharie Habumukiza 2017 AUTHOR'S DECLARATION FOR ELECTRONIC SUBMISSION OF A MAJOR RESEARCH PAPER (MRP) I hereby declare that I am the sole author of this Major Research Paper. This is a true copy of the MRP, including any required final revisions. I authorize Ryerson University to lend this MRP to other institutions or individuals for the purpose of scholarly research I further authorize Ryerson University to reproduce this MRP by photocopying or by other means, in total or in part, at the request of other institutions or individuals for the purpose of scholarly research. I understand that my MRP may be made electronically available to the public. Antoine Marie Zacharie Habumukiza ii STRENGTHENING CANADIAN CITIZENSHIP: BUT HOW AND FOR WHOSE BENEFIT? THE RISE AND FALL OF (BILL) C24, OR TOWARDS A HIERARCHIZED CANADIAN CITIZENSHIP Antoine Marie Zacharie Habumukiza Master of Arts, 2017 Immigration and Settlement Studies Ryerson University ABSTRACT While Statistics Canada evidences immigration to be a key driver of Canada’s population growth, unwelcoming immigration settlement policies and Canadian citizenship legislation combine to impede recent immigrants’ integration. Above all, citizenship policy plays a pivotal role in easing newcomers’ integration into the host polity by transforming them into citizens. -
Naturalized U.S. Citizens: Proving Your Child's Citizenship
Fact Sheet Naturalized U.S. Citizens: Proving Your Child’s Citizenship If you got your U.S. citizenship and you are a parent, your non-citizen children also become citizens in some cases. This is called “derived” citizenship. BUT you still need to get documents like a certificate of citizenship or a passport, to PROVE that your child is a citizen. This fact sheet will tell you the ways to get these documents. This fact sheet does not give information about the process of getting documents to prove citizenship for children born in the U.S., children born outside the U.S. to U.S. citizen parents, or children adopted by U.S. citizens. This fact sheet talks about forms found on the internet. If you don’t have a computer, you can use one at any public library. You can also call the agency mentioned and ask them to send you the form. When a parent becomes a citizen, are the children automatically citizens? The child may be a U.S. citizen if ALL these things are, or were, true at the same time: 1. The child is under 18 years old. 2. The child is a legal permanent resident of the U.S. (has a green card) 3. At least one of the parents is a U.S. citizen by birth or naturalization. If that parent is the father but not married to the other parent, talk to an immigration lawyer. 4. The citizen parent is the biological parent of the child or has legally adopted the child. -
Compatibility of the 1954 Convention Relating to the Status of Stateless Persons with Canada’S Legal Framework and Its International Human Rights Obligations
ENDING STATELESSNESS STATELESSNESS ENDING Relating To e Status COMPATIBILITY Of Stateless Persons With Canada’s Legal OF THE Framework And Its International Human 1954 CONVENTION Rights Obligations A SPECIAL REPORT Ending STATELESSNESS W Y #IBELONG © United Nations High Commissioner for Refugees, 2015 Researched And Written For UNHCR By Gregg Erauw ------------------------------------------------------------------------------------------------------------ COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS ------------------------------------------------------------------------------------------------------------ RESEARCHED AND WRITTEN FOR UNHCR BY GREGG ERAUW © United Nations High Commissioner for Refugees, 2015 The views expressed in this report are those of the author and do not necessarily reflect those of the United Nations or UNHCR. COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS EXECUTIVE SUMMARY .................................................................................................................... 1 INTRODUCTION .................................................................................................................................. 3 Background to the Report .................................................................................................................... 3 The Purpose of the -
Birthright Citizenship and the Alien Citizen
Fordham Law Review Volume 75 Issue 5 Article 10 2007 Birthright Citizenship and the Alien Citizen Mae M. Ngai Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Mae M. Ngai, Birthright Citizenship and the Alien Citizen, 75 Fordham L. Rev. 2521 (2007). Available at: https://ir.lawnet.fordham.edu/flr/vol75/iss5/10 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Birthright Citizenship and the Alien Citizen Cover Page Footnote Professor of History, Columbia University. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol75/iss5/10 BIRTHRIGHT CITIZENSHIP AND THE ALIEN CITIZEN Mae M. Ngai* The alien citizen is an American citizen by virtue of her birth in the United States but whose citizenship is suspect, if not denied, on account of the racialized identity of her immigrant ancestry. In this construction, the foreignness of non-European peoples is deemed unalterable, making nationality a kind of racial trait. Alienage, then, becomes a permanent condition, passed from generation to generation, adhering even to the native-born citizen. Qualifiers like "accidental" citizen,1 "presumed" citizen,2 or even "terrorist" citizen3 have been used in political and legal arguments to denigrate, compromise, and nullify the U.S. citizenship of "unassimilable" Chinese, "enemy-race" Japanese, Mexican .aA X4 -1,;- otreit." "illegal aliens," 1.1 -U1 .-O-.. -
How Do I Renew Or Replace My Permanent Resident Card?
I am a permanent resident B2 How do I renew or replace my permanent resident card? A Permanent Resident Card (USCIS Form I-551) What application do I file to replace or renew my is proof of your permanent resident status in the United States. It Permanent Resident Card? also serves as a valid identification document and proof that you To apply to renew or replace your card, use Form I-90, Application are eligible to live and work in the United States. Although some to Replace Permanent Resident Card. Filing instructions and forms Permanent Resident Cards, commonly known as Green Cards, are available on our Web site at www.uscis.gov. contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. How do I file the I-90 to renew or relace my Permanent It is important to keep your card up-to-date. Without a valid card, it Resident Card? may be difficult for you to prove that you are a permanent resident, Please refer to our Web site under Immigration Forms, I-90, for and this could also affect your ability to travel or to prove your specific filing instructions, and then complete the form. You can also eligibility to work in the United States. e-file your I-90 on our Web site at www.uscis.gov. When do I need to renew my Permanent Resident Card? How do I remove conditions on my 2-year conditional You should renew your Permanent Resident Card if you were issued Permanent Resident Card? a card valid for 10 years that has either expired or will expire within Do not use Form I-90 if you are a conditional resident and your the next 6 months. -
Immigration Consequences to a Charge of Simple Assault Or Battery Deborah Gonzalez Roger Williams University School of Law
Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 2-2013 Immigration Consequences to a Charge of Simple Assault or Battery Deborah Gonzalez Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Constitutional Law Commons, Criminal Law Commons, Immigration Law Commons, and the Supreme Court of the United States Commons Recommended Citation 61 RIBJ 21 This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Immigration Consequences to a Charge of Simple Assault or Battery It is never an easy task determining whether an offense of simple assault or battery/domestic in “alien’s” 1 misdemeanor crime of simple assault Rhode Island .4 or battery under RI Gen. Laws § 11-3-5 is an RI Gen. Laws § 11-5-3 states as follows: (a) aggravated felony, a crime of moral turpitude Except as otherwise provided in § 11-5-2, every or a domestic crime of violence according to person who shall make an assault or battery the Immigration Nationality Act. This article or both shall be imprisoned not exceeding one focuses solely on misdemeanor dispositions ,2 year or fined not exceeding one thousand dol - under RI Gen. Laws § 11-5-3/12-29-5, and how lars ($1,000), or both; (b) Where the provisions these dispositions are viewed in the immigration of "The Domestic Violence Prevention Act,” context, as well as the consequences a client may chapter 29 of title 12, are applicable, the penal - face based on a conviction or plea pursuant ties for violation of this section shall also to this statute. -
Alien Removals and Returns: Overview and Trends
Alien Removals and Returns: Overview and Trends Updated February 3, 2015 Congressional Research Service https://crsreports.congress.gov R43892 Alien Removals and Returns: Overview and Trends Summary The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal. -
Report on the Situation of Human Rights in the Islamic Republic of Iran, Prepared by the Special Representative of the Commission on Human Rights, Mr
UNITED NATIONS E Economic and Social Distr. GENERAL Council E/CN.4/1996/59 21 March 1996 ENGLISH ONLY COMMISSION ON HUMAN RIGHTS Fifty-second session Item 10 of the provisional agenda QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES Report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights, Mr. Maurice Copithorne (Canada), pursuant to Commission resolution 1995/68 of 8 March 1995 and Economic and Social Council decision 1995/279 of 25 July 1995 CONTENTS Paragraphs Page I. INTRODUCTION................... 1- 26 4 A. Position of human rights in the world today . 3 - 6 4 B. Special Representative’s sources ...... 7- 10 5 C. Activities of the Special Representative . 11 - 16 6 D. Correspondence ............... 17- 18 7 E. Underlying questions ............ 19 7 F. Preliminary comments on the Special Representative’s visit to the Islamic Republic of Iran .......... 20- 26 8 GE.96-11290 (E) E/CN.4/1996/59 page 2 CONTENTS (continued) Paragraphs Page II. LEGAL SYSTEM................... 27- 57 9 A. Rights of an accused ............ 28- 29 9 B. Court system ................ 30- 35 10 C. Selection and training of judges ...... 36- 40 11 D. Clerical courts ............... 41 12 E. Punishments ................. 42- 50 13 F. Independent Bar Association ......... 51- 54 14 G. Atmosphere of the law ............ 55- 57 15 III. STATUS OF WOMEN ................. 58- 64 16 IV. THE FATWA AGAINST SALMAN RUSHDIE......... 65- 67 17 V. -
Aliens (Consolidation) Act
K:\Flygtningeministeriet\2002\bekg\510103\510103.fm 31-10-02 10:7 k03 pz Consolidation Act No. 608 of 17 July 2002 of the Danish Ministry of Refugee, Immigration and Integration Affairs Aliens (Consolidation) Act The following is a consolidation of the Aliens Act, cf. Consolidation Act No. 711 of 1 August 2001, with the amendments following from Act No. 134 of 20 March 20021), section 2 of Act No. 193 of 5 April 2002, Act No. 362 of 6 June 2002, section 1 of Act No. 365 of 6 June 2002 and Act No. 367 of 6 June 20022). Parts of the amendments following from Act No. 134 of 20 March 2002 and Act No. 367 of 6 June 2002 have not been incorporated into this Consolidation Act, as the amendments have not yet entered into force. The time of their entering into force will be determined by the Minister, cf. section 2 of the Acts. Part I EC rules only to the extent that these limitations are compatible with those rules. Aliens' entry into and stay in Denmark (4) The Minister for Refugee, Immigration and 1. Nationals of Finland, Iceland, Norway, and Integration Affairs lays down more detailed pro- Sweden may enter and stay in Denmark without visions on the implementation of the rules of the special permission. European Community on visa exemption and on 2. (1) Aliens who are nationals of a country abolition of entry and residence restrictions in which is a member of the European Community connection with the free movement of workers, or comprised by the Agreement on the European freedom of establishment and freedom to pro- Economic Area may enter and stay in Denmark vide and receive services, etc.