On November 1, 2024, Sophie, a native and citizen of Spain, arrived in Montreal, Canada via a flight from Madrid. Sophie was nine months pregnant with her first child. Two days later, she decided to visit a friend in Jackman, Maine. She crossed the border from Canada into Maine and proceeded to visit her friend Jane.
Sophie went into labor at Jane’s house, and, on November10, 2024, she gave birth to a baby boy named Jose. Jane was quite proud too as she was the midwife who delivered Jose.
You work as a paralegal at the only law office in Jackman and you received a call from Sophie on November 11th. Sophie asks what she must do to get a nonimmigrant visitor’s visa for Jose. You discuss the situation with Attorney Smith in your office.
Is Jose eligible for a nonimmigrant visa? If not, why not? What do you advise Sophie to do?
2.John was born in the United States on May 1, 1980. He currently lives in Brazil. He decides to fly to Miami to see his girlfriend. Upon inspection, he shows the CBP officer his Brazilian passport with his visitor’s visa. The CBP officer admits him into the United States for a period not to exceed six months.
While in Miami, John goes to see his friend Joel who is an immigration attorney. He remarks to Joel that he was born in the United States while his father was the Brazilian Ambassador to the United States. John states that he wants to obtain a United States passport because he is a United States citizen by birth.
Is John a United States citizen?
3.Jim is a native and citizen of France born on February 01, 2002. On March 01, 2002, his parents applied for an immigrant visa at the U.S. consulate in Paris. On September 01, 2002, he entered the United States on an immigrant visa along with his parents who enter on immigrant visas. On January 24, 2014, both of his parents naturalized.
Today, Jim comes into your office to talk about filing an Application for Naturalization (Form N-400). Does he need to do that or is he already a citizen via derivation? If so, what application should he file to apply for a Certificate of Citizenship?
4. Review the Application for Naturalization (Form N-400) and think about the requirements for `naturalization
a. What barriers do you see to obtaining citizenship by naturalization in the United States?
b. Would you make it easier or harder to obtain United States citizenship by naturalization?