Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, May 10, 2012

Court reviews denial of derivative citizenship claim

Guzman v. DHS, No. 10-2243 (6th Cir. May 10, 2012) (published)

Joining all the other courts and agencies that have considered the matter, the court held that the Child Citizenship Act does not apply retroactively. 

It also rejected an Equal Protection challenge to the age-based requirement in former INA 201(g) (1940).  This provision allowed a USC mother to transmit citizenship to an in-wedlock child born abroad if the mother lived in the U.S. for ten years prior to the child's birth, five of which occurred after the age of 16.  In other words, a USC mother who was under 21 when she gave birth abroad would be unable to transmit citizenship to a child.

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