by – Glen Palaca Hubahib, Esq.
What is citizenship? Citizenship is focused on the internal political life of the state. The creation of the state as we know is a form of social contract as Jean-Jacques Rousseau intimidated wherein the subject consented to be governed. Today, the concept of citizenship includes active political, civil, and social rights. Every citizen has obligations that are required by law and some responsibilities that benefit the community. Obeying the laws, paying taxes, voting and community service are some of the obligations required by law.
In turn for rendering the obligation, the city, state, or nation will provide protection including the just application of the laws and economic opportunities to its citizens. The relationship between the state and its citizens is riddled with complaints because of persecution and injustice. In modern times, police brutality, tyranny and plunder are common.
A few good men. A JAG Attorney prosecuting a marine Colonel that threatens the military’s honor code of silence and the usual excuse of only obeying lawful orders.
In the case of the police force, the citizen always expects them to be professional and respect their basic rights. That they follow just orders. The question now is, will the police question illegal order? Will they implement it? Are they willing to stand down or walk away? Do they push the boundaries of the law? Or do they act ethically and morally? If the above is hard, do they use common sense instead?
That is the dilemma, and the pressure builds up when the police job is your only economic source. Add the code of omerta and esprit de corps and the desire to talk becomes burdensome. That you are a brother’s keeper. In the United States, we have the Whistle Blower Protection Act to protect personnel from retaliation when that personnel decide to report the illegal act.
If he/she can make that correct decision, I will consider him/her a true patriot and a hero.
Now, we go to an immigration topic that is popular in the United States. That is how to become a citizen.
Naturalization:
In the Unites States, one can gain citizenship through naturalization. It is a process to become a citizen if you were born outside of the United States of America and meet certain requirements/eligibility.
- Legal permanent resident – one who has a green card;
- Continuous presence–you must have five years of continuous presence after you get your green card. However, if you are spouse of a U.S. citizen, only three years of continuous presence is required;
- Good moral character – In general, an applicant must show that he has been and continue to be a person of good moral character during the required period of continuous residence prior to filing and up to the time of the Oath of Allegiance. If you have a criminal conviction, you have to consult an attorney prior to application to ensure that you are pre-qualified, thus saving fees and time;
- Testing –The USCIS will schedule a test if the applicant can read, write, speak English and the civic test. A civic test American government and history, and integrated civics that includes geography, symbols, and holidays. However, the applicant is exempted to take the reading, writing English if he/she is fifty years old and has been a green card holder for twenty years, or if the applicant is fifty-five years old and has been a green card holder for fifteen years. Finally, if the applicant is sixty-five years old and a green card holder for twenty years, the applicant can just take a simplified civic test.
Once the applicant passes all the requirements, the USCIS will schedule an oath taking ceremony. At that time, the applicant can also apply for a new US passport.
Derivative citizenship:
If the applicant has a minor child (less than 18 years old) in the
United States, they automatically become a US citizen without applying
for naturalization. They will receive a certificate of citizenship instead of
a certificate of naturalization. They, too, can apply for a US passport.
New U.S. citizens displaying their certificate of naturalization.
[Note: Glen P. Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is not legal advice. Send your comments to the author at hubahibg@gmail.com.]