A Success Story: US Citizenship

In the United States, Citizenship is a status given to individuals that entails specific (a) rights, including the right to live and work in the United States, (b) duties, (c) privileges, (d) benefits between the government and the individual and (e) federal assistance and government services.

US Citizenship may be acquired automatically at birth or through the process of naturalization.  It is stated in the Citizenship Clause, part of the Fourteenth Amendment to the United States Constitution, that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Either way, one has equal rights to the other.

There is complexity of the immigration laws regulating acquisition of U.S. citizenship at birth, though. Adding to this complexity, Congress has significantly amended these laws on a number of occasions, in 1934, 1940, 1952, 1978, 1986 and 1994. These amendments open up to the analysis of determining whether you “acquired” US citizenship at birth or if you “derived” citizenship through your parents while you were a minor.

On this complexity, started the success acquisition of US Citizenship of JOSEPH ROBERT DAVIS WHEELER, a three-year old adorable boy, son of Mary Ann Davis, a Philippinecitizen and Robert Joseph Wheeler, a bonafide US citizen currently residing in the US and who does not have any intention of acquiring another nor denouncing his present nationality.

Previously mentioned, laws have been amended. And prior to the 1934 Act, only citizen fathers or mothers who had resided in the US could convey citizenship to a child born abroad.  Then comes along the 1940 Act which requires the parent to reside or be physically present in the US for a certain number of years, some of which must occur after the parent reaches a specified age.

On the other hand, significantly became advantage for Filipinos, the 1940 Act for the first time, provided that the residence of the parent(s) could be in the US or “its outlying possessions.” Philippines then was an outlying possession of the United States from 1899 until its Independence on July 4, 1946.

Both parents of the child are legitimate on these two (2) Acts. Therefore, there will be no any other heavy reason for the United States to grant the child for his acquisition of US citizenship.

Of course, preparation of documents needed to acquire US citizenship of the child is very strenuous.  Sometimes it may test your patience and determination. Good thing, Mary Ann and Mr. Wheeler are determined and cooperative to Bigstart’s thorough assessment and documentation.

One thing that positively contributed to the application is the child’s DNA test result. The DNA test was conducted to legitimately prove the paternity relationship of Mr. Wheeler to the child.  This was performed not for Mr. Wheeler having doubts on whether the child was truly his or not, or whatsoever, but rather, to scientifically and legally inform the Consulate that indeed they have no reason at all to deny the child his nationality for it is the child’s birthright to acquire such.

In addition, under the Child Citizenship Act of 2000, effectively dated on February 27, 2001, the child met the requirements for acquiring US citizenship.

It was on July 13, 2011 when the application was procured and passed to the Embassy. The application was granted on October 15, 2011.

The child, Joseph Robert will be joining his father, Mr. Wheeler, in the US together with his mother, Mary Ann in the near future. There, in the US, little Joseph Robert, will have all the privilege enjoyed by US citizens.

 

 

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