The Ninth Circuit has determined that a now-repealed derivative citizenship provision required the child of a U.S. citizen to merely manifest an objective intent to reside permanently in the United States - and not to have acquired lawful permanent residency - in order derive citizenship. That objective intent is met when the child enters the US lawfully and applies for permanent residency before his 18th birthday.

The full text of the en banc decision in Cheneau v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/13/15-70636.pdf

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