Legal Question in Civil Rights Law in New York

Withdrawal of citizenship rights

I was born on the 16th of June 1975 in New York, USA.

I was a U.S citizen from birth and was issued U.S passports until October 1994 when my citizenship status was withdrawn at the American embassy in Lagos, Nigeria. I had, at that time, gone to the embassy to renew my American passport for the third time when I was told that my citizenship status had been withdrawn because my father was a financial attach� for the Nigerian Permanent Mission to the United Nations when I was born. Although I strongly believe that this is a grave injustice on the part of the American Embassy, I have tried, without success to have my American citizenship reinstated.

Isn't this a violation of my rights,considering the fact that I have enjoyed citizenship status for 19 years?


Asked on 4/02/02, 6:52 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Withdrawal of citizenship rights

Procedurally, you have a right to have the courts determine your claim to U.S. citizenship. However, the U.S. Constitution provides that to be a citizen at birth, you must be both born in the U.S. and subject to the jurisdiction thereof. The principal class of persons excluded by the jurisdiction requirement are children born to diplomats, as they are not subject to U.S. jurisdiction, even though physically born here. While you could challenge this interpretation, it has a pretty long history and is unlikely to be overturned. Citizenship implies allegience, and if a diplomat's family members owed allegience to the U.S., there could be potential conflicts of interest. The fact that you were issued a passport essentially by mistake does not in fact make you a citizen - while you had a U.S. passport, your actual citizenship is based on the circumstances of your birth.

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Answered on 4/02/02, 6:12 pm


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