This past week Maryland Immigration lawyer Himedes Chicas received confirmation from the Immigration and Customs Enforcement (ICE)—Criminal Alien Program (CAP) unit that an immigration detainer filed against a JKM client, currently serving a sentence at a county detention center, was lifted.
The ICE-CAP Unit mistakenly placed the immigration detainer against the JKM Client, under the incorrect assumption that he was a Lawful Permanent Resident. The ICE detainer was an impediment to the Client eligibility for work release through the county’s Pre-release Center. After speaking with the Client’s family, however, it was determined that the Client had in fact derived U.S. citizenship under immigration law.
Pursuant to the Child Citizenship Act of 2000, as codified in sections 320 and 322 of the Immigration and Nationality Act, a child born outside of the U.S. automatically becomes a citizen when all of the following conditions have been fulfilled:
1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization;
2. The child is under the age of eighteen years at the time of the parent’s naturalization;
3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
In this case, the JKM Client derived citizenship through his mother and met all the requirements set forth under that provision. After getting in contact with the officers at the ICE-CAP unit, and providing them with a written explanation and documentary proof of the Client’s derivative citizenship, the detainer was ultimately lifted.
To discuss or assess derivative citizenship claims please contact Immigration lawyer Himedes Chicas directly on his cell at 202.384.2647.