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Travel to Belarus for Children with Dual Citizenship

September 26, 2014

Travel to Belarus for Children with Dual Citizenship

Author: Immigration attorney Alena Shautsova

The laws of the Belarus allow children under 16 years old to have a dual citizenship. When a child of a Belarusian citizen is born abroad, he or she automatically becomes a Belarusian citizen as well.

When traveling to Belarus the first time after the child’s birth, parents should know certain requirements and particularities that would help to avoid issues at the Belarusian/Russian border.

To wit, a Belarusian citizen child may return to Belarus using a document called “Permission to Return to the Motherland.” The permission gives the child a right to come to Belarus ONCE. The child will not be able to exit the country using the same document or his/her foreign passport, if that passport did not contain a Belarusian visa.

The only possible way the child will be able to exist Belarus if the child will hold  a Belarusian passport. It means that while planning a trip to Belarus, the parents must also take with them child’s birth certificate with apostile.   The apostile is a necessary attachment to the birth certificate, with it the Belarusian authorities will not consider the certificate.  Further, upon arrival, the birth certificate and apostile must be translated and notarized.

The procedure of applying for the child’s Belarusian passport in Belarus starts with the child’s registration at  the place of residence in Belarus; further an application form with passport photos must be submitted. If the parents would like to speed up the process of passport issuance, they will need to pay a small fee, otherwise, children receive passports in Belarus free of charge.

When the child reaches 16 years old, he/she will need to choose the citizen of which country he/she would like to remain.

Another important fact is that if the child travels to Belarus with one parent, the Belarusian authorities will need to see a notarized permission from the other parent allowing the child to be crossing the Belarusian border while leaving the country. Such a permission may be obtained in the Belarusian consulate abroad.

 

 

 

 

They Give it: They Can Take it Back: How DHS Can Take Your Passport Away

March 14, 2014

They Give it: They Can Take it Back: How DHS Can Take Your Passport Away

Author: Immigration attorney Alena Shautsova

There are two main ways a person may obtain US citizenship: by being born in the US or its territory and via naturalization. Naturalization is a process of conveying US citizenship on an individual who originally held a different citizenship or was a person with no citizenship at all.

It has been said that there is no distinction between US born citizens and those who received citizenship via naturalization. However, one major distinction between the two kinds of citizenship does exist:  the second kind can be taken away from an individual even if he or she has been in citizenship status for decades.

This happened to Hzim who originally received his citizenship in 1989. Even though for decades he held the title of US citizenship and traveled overseas, in 2011, the US Department of Homeland Security decided to “take back” his citizenship, saying that they made a mistake in 1989…

The mistake was that somebody in INS (Immigration and Naturalization Services (USCIS used to be called this way)) did not check all the requirements for Hazim’s naturalization and mistakenly believed Hazim’s father conveyed his citizenship to Hazim…. Even though there was no Hazim’s fault in it all, and even though he did not lie to the US government in any way, the Federal Court, 2nd District said it cannot stop Immigration authorities from taking Hazim’s citizenship away over twenty years later…

Of course, despite the fact that they are taking his citizenship away, Immigration promised Hazim that there are Other means of correcting the situation, but it seems that Hazim should not be the one paying for someone’s lack of qualification and expertise…

That is why it is strongly advisable that everybody who is applying for citizenship, consult with an Immigration attorney to make sure Hazim’s story would not repeat itself.