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State Department Ratchets Up INA 301(c) 'Residence' Fight

February 17, 2012 (1 min read)

On Feb. 13, 2012 we posted an item regarding a new development at the State Department: the definition of 'residence' under INA Sec. 301(c) for purposes of transmitting U.S. citizenship to children born abroad.

In many recent cases the State Department has revoked Consular Reports of Birth Abroad ("CRBA") certificates.  One family challenged the revocation, and in July 2011 Hearing Officer Marlan C. Walker recommended restoration of their CRBAs.

On administrative review, Brenda S. Sprague, Deputy Assistant Secretary for Passport Services, dismissed the Walker recommendation and upheld the revocation of the CRBAs.

According to attorney Michele Coven Wolgel, DOS is now using language from a revoked FAM entry (7 FAM 1134.3-2)  from 1952 to support its position.  (The current FAM entry on point is here.)

Note also that some U.S. Embassy websites advise the public that citizenship can be transmitted if both of the child’s biological parents are U.S. citizens who have "spent any amount of time" in the United States prior to the child's birth.

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