Parviz Malakouti-Fitzgerald

Mobility Space #41 - Roger Ver Case Settlement!

https://m.youtube.com/watch?v=TVXqWr3Es9M

For FIFA, nationality is the relevant criteria and rules state the nationality must be proven by a “permanent international passport”

But, a huge hole in these rules is that they don’t state that the passport must state the player is a national of the country issuing the passport! ‼️

I would bet dollars to donuts this was a mistake in the drafting.

I wonder if this loophole has been or is currently being exploited. 🤔

A country that prohibits or imposes consequences on its citizens for dual citizenship tasks their citizens with learning and staying abreast of domestic nationality law of 195+ countries.

Citizenship by operation of law.

Mobility Space #1 - what is the value of dual citizenship?

Now available on YouTube.

You have a nagging low level feeling of unfreeness because you know in your bones that you need government permission to go anywhere. And they can deny you, purposely or through incompetence. TSA, legal ID, passports. You're entirely reliant on one government, like a newborn baby waiting on mommy for mealtime. You know this even if you don't read mobility law.

Unless you have dual citizenship. Then, you're still not really free. But you can go to either of two governments for your permission slip. And you can run away from one to the other if things get bad enough. You're are a little freer.

SOME TOOLS BECOME COLLECTIBLES ⌚️🚓🔫🛂

Watches initially were just a tool to tell time.

A tool whose value was driven by utility

--> Now many people have diverse, eclectic and/or themed watch collections for affinity.

A $40 quartz timex can keep better time than a $12k Rolex, yet the Rolexes sell.

Cars were initially just motor-drawn buggies to get people from point A to point B.

--> Now many people have diverse, eclectic and/or themed car collections for affinity. Ferrari, Bentley, Rolls Royce.

Firearms initially were just tools for hunting and defense (or offense).

--> Now many people have diverse, eclectic and/or themed gun collections for affinity.

The list of examples goes on...

Some watches, cars and firearms are simultaneously very expensive and unuseful for practical application.

They are affinity collection pieces. These were pure tools that with time evolved to adopt a collectability use case as well.

We're seeing the nub of a similar development in the world of mobility.

Residencies & citizenships were initially one-off legal statuses for a person to live (where they are) or move to another place. For many people, they will remain as such.

--> But, now some people will move into having diverse, eclectic and/or themed mobility asset portfolios.

Practical utility and collectibility.

Mobility assets are: Citizenships, semi-citizenships, residencies (PR or TR), passports (including citizenship-less passports), and legal IDs.

Ex: Ukrainian & U.S. citizenships & TR in Paraguay;

Ex: U.S. & Iranian citizenships, & TR in Mexico;

Ex: Argentine & Polish citizenships, PR in the U.S., & Palau digital residency ID;

Ex: U.S. & Vanuatu citizenships, Indian OCI, Dominican PR.

Endless examples of combinations. People can have or build unique "collections" based on immutable characteristics (e.g. place of birth) as well as their own actions.

What started as pure utility for today will morph into a mix of utility & affinity collecting.

With an eye towards the "inheritance" for one's children.

Just like what happened with watches, cars and firearms.

Your passport and driver license are government property. They belong to the state.

Your legal identity belongs to the state.

Nation-states don’t accept your own proof of your legal identity, but they accept each others’ proof of your legal identity.

Plan your freedom of movement accordingly.

The most important and robust benefit of a citizenship in the long term is immediate highest right of entry and settlement in that country.

Most other mobility benefits (visa-free access, satellite residency rights, visa-treaties, etc.) rely on consent and functional cooperation with another country. These are springboard mobility benefits. They are subject to degradation or complete loss, as the political and diplomatic winds blow.

There’s no more bigger step you can take in permanently increasing your freedom of movement than going from one citizenship to two.

Most people don't know that you can be citizen of a country without even knowing it.

Attempt #28 to use the Palau digital residency ID

Use case: to use the Palau ID to set up a wise.com personal account with KYC.

Result: Unsuccessful. ☹️

Full field report 👇

https://www.malakoutilaw.com/palau-digital-residency-id-to-verify-identity-for-a-wise-online-account-field-report-24

Citizenship = the thing.

Passport = the proof.

NEW CITIZENSHIP = NEW ATTACK VECTOR (EXTRATERRITORIALITY)

Becoming citizen of a new country usually introduces a whole new set of laws that apply to you extraterritorially.

That’s a new attack vector.

The more people who know which set(s) of laws apply to you extraterritorially is an attack vector multiplied.

With the rise of AI, synthesis of this info and attempted weaponization of prosecution of a person’s country(s) against them is inevitable.

The elements are:

1. Knowledge of your enemy’s conduct or alleged conduct;
2. Knowledge of your their country(s) of citizenship;
3. Synthesis of the laws of their country(s) of citizenship.

#3 is being rapidly, cheaply made available by AI.

You can protect yourself by withholding element #2 (new citizenships). Keep new citizenships you pick up close to your chest.

BTW, this attempted weaponization is already happening, albeit on a crude level mostly only to people who are highly visible and controversial.

I predict that’s going to change in the coming years.

Central Europe Citizenship by Descent Reminder:

If you have a great grandparent born in the territory of modern day Slovakia,

you very likely qualify for Hungarian 🇭🇺 citizenship by descent if you learn the language,

and

you may qualify for Slovak 🇸🇰citizenship by descent too (no language language required).

Both are EU countries. 🇪🇺

Good week last week at Malakouti Law.

• One U.S. green card approval (marriage-based AOS) ✅

• One successful FBI IdHS background check challenge (expunged conviction) ✅

• One Slovak citizenship by descent approval (grandchild of Czechoslovak citizen)✅

Navigating a bureaucratic logjam at ground level (without litigation) is essentially about 2 critical steps:

1. finding who actually has the authority to help you,

and

2. persistently but politely staying on them, while shaking off attempts to send you to you to the GLD - the "Get Lost Department.

#mobilitymeme Monday

Palau Digital Residency ID - To Check in at a Quest Diagnostics Location?

Attempt #26 to use the Palau digital residency ID.

I tried to use the Palau ID to check in to a Quest Diagnostics location in Las Vegas to have blood drawn for some routine testing.

Result: SUCCESSFUL.

https://www.malakoutilaw.com/palau-digital-residency-id-to-check-in-at-a-quest-diagnostics-location

#mobilitymeme Monday https://image.nostr.build/15628841b137321a28407971dd0a8fa483bcb67c532cf62e490f9326b2c67c3c.jpg

Ultimately, history never sides with the “papers, please” bootlickers.

Not so long ago, "prepper culture" used to be viewed as an edgy, paranoid, sorta right winger thing not too many people were into.

Now, this Reuters article claims 20M Americans are preppers, including "people considered left-of-center politically." Take away the negative stigmas, and prepping culture is just part of a philosophy of self-sufficiency, freedom, and non-reliance on government.

https://www.reuters.com/world/us/prepping-disaster-diversifies-more-americans-lose-trust-2024-03-09/

Mobility prepping is the extension of short-distance bug out prepping, and a new frontier of prepper culture.

Being able to bug out of your city, state, or country immediately if necessary. This requires birth certificates & marriage certificates, apostilles, valid IDs, citizenships, residencies, passports, & bitcoin. To be prepared in 2025, these go right next to the med kit, firearm, ammo, multi-tool, aquatics, and canned foods. 1) bug-in, 2) bug-out, and 3) country exit each require different (but partially overlapping) tools and different set of preparedness heuristics. https://image.nostr.build/4ade9e9c8f19c928451ce0b892e0356b95cb77f0455151037c576d488face6eb.jpg

Regarding the hypothetical consequences of no birthright citizenship, would INA 237(a) even apply to “aliens” born in the United States?

They were not “admitted to” the United States.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim https://image.nostr.build/4fe8d8d656fd88deacab94acbfd2bea4757d70a3dc480afdc977e733369116f2.jpg

AUSTRALIAN LAWMAKER CLAIMS INABILITY TO RENOUNCE AFGHAN CITIZENSHIP

Article 44 of the Australian constitution prohibits foreign citizens (including dual citizens) from serving in Parliament.

“Payman said she had tried to renounce her Afghan citizenship in 2021. She explained the Taliban takeover prevented the Afghan Embassy from finalising her application. She urged Hanson to take up the matter with the Taliban.”

—> Opt-out ability is nearly as important as opt-in ability (perhaps AS important).

https://x.com/parvizmalakouti/status/1881033323721703692?s=46&t=6tY61DeU36AfeOwpVn9Mmg

Quick & dirty cheat sheet (published by the EU) of passports & travel docs issued by different countries.👇

Dozens of them are not issued exclusively to citizens of the country, or at all to citizens.

https://home-affairs.ec.europa.eu/travel-documents-issued-third-countries-and-territorial-entities-part-i_en

You can avoid disclosing your home address all over the place by using your U.S. passport card instead of your driver license/state ID for official purposes within the U.S.

The card is the same size as a driver license and fits easily in the wallet.

#mobilitymeme Monday https://image.nostr.build/d5dba4d7eb67fd7778d5310d2a7de7443460acd82cfb9341fe4975dcefb95a25.jpg

10s of millions with enough immigration info to be dangerous; only thousands with enough info to know how it actually works.

Eventually large mobility content creators will bitterly realize it was a big mistake to use “passport” and “citizenship” interchangeably for years in thousands of content pieces and will have to start editing old articles en masse so they make some sense for readers moving forward.

Another FBI background check (IdHS) successfully challenged and updated today to reflect an expungement. ✅

Attempt #24 to use the Palau digital residency ID

Use case: to use the Palau ID to enable deposits, withdrawals, and trading on Binance crypto exchange (KYC)

Result: Unsuccessful. ☹️

Full field report 👇

#crypto #kyc #Palau #Binance  #documentdependence

https://www.malakoutilaw.com/palau-digital-residency-id-to-open-a-crypto-account-on-binance-exchange-field-report-21

Each time I run across a former classmate in the course of practice, I'm reminded of the line "Grades are golden but personality is platinum."

Someone told me this when I was a young student, before the price of gold overcame that of platinum. 😁

12 years on from law school, I have a vague recollection of how academically impressive (or not) many of my classmates were, but I have a CRYSTAL CLEAR recollection of how friendly, willing to help, and pleasant (or not) each of them were to me and others.

The latter sticks out "like a bright star in the night sky" in my mental image of the individual. I suspect it's the same for everyone else.

Classmates who said hello and were willing to share a note, a file, an outline, explain a point, give intel on a prof, inform you of an opportunity, lend a charger, or make an introduction.

These were platinum people and I remember.

People remember how they feel talking or dealing with you, above everything else about you.

By the way, those same qualities apply in the professional world after graduation.

Funny how the easiest task for building your professional network might also be the most important. https://image.nostr.build/25e914e76b941594e976b0b04dea45461193388bc85b47b0217fbe6ad1d0cea0.jpg

If you don’t have 2-3 certified copies of your birth certificate in your possession, you are setting yourself up for a future #documentdependence bottleneck that could halt your immigration process when you need it most.

If there’s a stamp, seal and fee, you should probably order three.

#freedomofmovement #citizenship #residency

Sports fans who are also into FOIA and government transparency might get a kick out of this.

This line from journalist Jason Leopold’s “FOIA Friday” email today about basketball legend Bill Walton’s FBI file made me literally LOL.👇

“The FBI’s summary of the interview noted that Walton is ‘a very soft-spoken individual who appears to have little regard for dates or times.’”

Those who follow basketball know about Walton’s legendary loquaciousness.

I can imagine Walton holding the FBI agents hostage, rambling on and on about whimsical ideas while the agents start regretting their decision to set the meeting.

RIP #BillWalton

P.S. Yes, when someone passes, they lose their right to privacy in the documents the U.S. govt has on them (except medical info), and you can make a FOIA request for their FBI file, as a member of the public https://image.nostr.build/7446b0a6b509603e710768b5cb35ab54978e3725e619a7472e247fe2ec59a2eb.jpg https://image.nostr.build/a6f854400e7190bc0bdd620398a75949e0e304595dbe00d39117ba0fa11e6021.jpg

Palai Digital Residency ID to Request Georgia State Background Check?

Attempt #23 to use the Palau digital residency ID.

I made a Georgia state (crime information center) background check request using the Palau digital residency ID.

Result: SUCCESSFUL.

(Link below)

#palau #Georgia #backgroundcheck #documentdependence

https://t.co/wWgUfEIMBL

The FBI IdHS of a person with no criminal history whatsoever will read:

"A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. THIS DOES NOT PRECLUDE FURTHER CRIMINAL HISTORY AT THE STATE OR LOCAL LEVEL."

Get your FBI background check (IdHS).

See what’s on it.

Qualities that should make you think twice and consult thrice before renouncing U.S. citizenship if you care to be able to visit the U.S. again:

1. Any criminal convictions;
2. Lack of familial, social or financial ties to a foreign country;
3. Citizenship in certain countries;
4. Travel to certain countries;
5. Past or current association or perceived association with individuals sanctioned by the U.S.
6. Past U.S. immigration violations before naturalizing as a U.S. citizen
7. Past military service in a foreign country, especially certain countries (Iran, Syria)
8. Past or current membership in a communist organization
9. Past or current membership or perceived membership in an organization designated (or at risk of being designated) as a terrorist organization by the U.S.
10. Past specialized weapons training

#citizenship #renunciation #UScitizenship #freedomofmovement

Does Uncle Sam Penny Pinch on Extraditions?

Does the big bad U.S. federal government with supposedly "unlimited" resources ever take costs into consideration in deciding whether to seek an INTERPOL Red Notice?

Here's 👇 the U.S. department of Justice in an archived Criminal Justice Manual cautioning prosecutors on the cost of red notice, extradition request, translations, hiring local counsel abroad, etc...

"...make certain that the case is significant enough to warrant placing their offices under such a burden in deciding whether or not to request issuance of a Red Notice."

......

Many people wrongfully assume that government is one big monolith.

No, it is split up among branches, agencies, subagencies, offices within the agencies, budgets, staffing limits, and human beings making human decisions within those offices.

One has to consider this when thinking about the practical application of law.

#extradition #mobilitynostr

https://www.justice.gov/archives/jm/criminal-resource-manual-611-interpol-red-notices

Interpol's yellow notice system is for missing person. There are currently 10k yellow notices in circulation.

Here's the yellow notice database.

#mobilitynostr #extradition

https://www.interpol.int/en/How-we-work/Notices/Yellow-Notices/View-Yellow-Notices

International Warrant, International Arrest Warrant, etc.

Any time you see a post stating or suggesting, as below, that someone is the subject of an international arrest warrant, you can check the Interpol Red Notice database yourself to confirm (but not negate).

An Interpol Red Notice is the closest thing to an "international arrest warrant." The Red Notice database is linked below. A search takes 20 seconds.

#mobilitynostr

https://www.interpol.int/en/How-we-work/Notices/Red-Notices/View-Red-Notices

#Citizenship might not decide everything, but it touches everything.

Looking at citizenship as an immigration category:

a...

1. (mostly) inheritable,
2. robust (i.e. hard to strip)
3. tourist visa, and
4. residency/work permit, with
5. unlimited stay, and
6. unlimited validity period.

(Country-specific limitations and exceptions apply)

A citizenship by naturalization is only as good as the country’s due process and legal system.

Eventually, Europe's forthcoming electronic travel authorization system #ETIAS will start singling out Americans with criminal records.

Some of those people will then have to start submitting paperwork relating to their convictions to enter Europe.

It may take a year or two or 10, but eventually it'll happen.

8 Attack Vectors on ESTA Visa-Free Access to the USA

(55 second video) https://video.nostr.build/41690d4436e55f0d01280c1c7cc0ad31b7d6b826c98f1050f49b8c725be09f64.mp4

8 Attack Vectors on ESTA Visa-Free Access to the USA

https://www.malakoutilaw.com/8-attack-vectors-on-esta-visa-free-access-to-the-usa

Your full “mobility asset portfolio” should be a mystery box to others.

#mobilitymeme Monday https://image.nostr.build/7d21c87f1f29a2f577cafa83f375c4d7c0843989c5b7477882744523997fa4df.jpg

As skeptical and distrustful as I am of nation-state governments, I'm actually shocked to see the speed, aggression and malice with which various governments are attacking freedom of speech in the last two years.

#freedomofmovement is the answer.

Very brief rundown (really just a list) of the common types of consular assistance offered to citizens of a country. 👇

https://www.malakoutilaw.com/consular-assistance-as-a-benefit-of-dual-citizenship

#mobilitymeme Monday https://image.nostr.build/4db20325f6e7ef34c2ade594315eee3b0567ed8217b75963ac97073ed91fae15.jpg

Multiple Citizenship as a personal bulwark against anti-free speech aggression

1. Immediate, highest right of entry in a second country (escape a country's domestic laws against speech)

2. Second diplomatic network to assist you as their citizen (consular assistance)

3. Second passport/travel document (release from single sovereign #traveldocument dependence)

4. Ability to apply for third country visa or residency in a second country (the "bridging residency")

5. Second sovereign that can provide you government issued ID to prove your legal identity (the invisible base requirement to even apply for any mobility benefit)

6. Second national identity to use with third party countries and individuals who may be antagonistic towards your first national identity, and/or have laws restricting your enter-ability, or stay-ability if you only have one citizenship.

Examples: a Russian-Spaniard, an Iranian-American, or an Israeli-Slovak.

#Freedomofmovement is the answer.

It is best attained through #multiplecitizenship. 👍

Can Russia, St. Kitts, or the UAE give Pavel Durov CONSULAR ASSISTANCE in France?

Re the billionaire founder of Telegram, Pavol Durak's detention in France yesterday...

Pavol's other reported countries of citizenship - St. Kitts, UAE, Russia - may be attempting to offer him consular assistance in France.

France, Russia, the UAE, and St. Kitts are all parties to the 1963 Vienna convention on consular relations (see link below).

--> The problem is that Pavol's also a citizen of France. If France applies the "master nationality rule", French authorities may treat Pavol as if he's only a citizen of France, and therefore not entitled to any diplomatic assistance from foreign countries.

Any French dual citizenship lawyers: pls feel free to chime in. 🤓

https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=III-6&chapter=3

Palau Digital Residency ID to Request Interpol Records?

Attempt #17 to use the Palau digital residency ID.

I attempted to request any records or information Interpol has regarding myself ("Application Form to Request Access").

Result: SUCCESSFUL.

#palau #interpol #backgroundcheck #documentdependence

https://www.malakoutilaw.com/palau-digital-residency-id-to-make-an-interpol-record-access-request-field-report-20

Plan B is always a must.

#mobilitymeme https://image.nostr.build/d01f2568101d3bdfd3a81eb841a840ca18e6f5c42130ba9773ee2913d5459274.jpg

The case of this dual citizen Ghanaian-Canadian candidate for Ghana’s Supreme Court shows how dual citizenship can be a drawback for someone pursuing a career in politics or government service. 👇

Even when it is lawful for a dual citizen to serve in a particular position, political adversaries can use the fact of being a dual citizen against you in the court of public opinion.

The same thing happened to @DrOz when he was running for the U.S. Senate in Pennsylvania in 2022.

“Prof. Oppong, who holds dual Ghanaian-Canadian citizenship, could become the first dual citizen to serve on Ghana's Supreme Court. This follows a recent Supreme Court ruling that overturned certain provisions of the Citizenship Act, thereby allowing dual citizens to hold positions such as Chief Justice and Chief Director.”

#mobilitynostr #dualcitizenship

https://www.graphic.com.gh/news/general-news/renounce-your-canadian-citizenship-minority-to-dual-citizen-supreme-court-nominee.html

The Ways to Get Your FBI Background Check

If you're an American applying for 2nd citizenship, or residency, you probably need to get and submit your FBI background check to the foreign country.

There are 2 ways of applying for FBI background check of yourself:

1. Online application (fbi.gov/how-we-can-hel…)

OR

2. Paper application (form I-783) forms.fbi.gov/identity-histo…

Anybody can use either of these two application types.

I recommend online applications because they tend to be faster even when paired with an ink-on-paper (FD-258) rendering of your fingerprints (see below).

......

Your application type above must be paired with a rendering of your fingerprints. There are 3 ways to render your fingerprints:

1. Via a qualified USPS location in the U.S.
2. Via an "approved channeler" in the U.S.
3. Via old school ink on paper rendering (form FD-258)

Not everyone can render their fingerprints using any of the three methods.

--> Technically, only U.S. citizens and green card holders are supposed to be able to use an approved channeler.

--> Only people in the United States can render their fingerprints via a qualified USPS location in the U.S.

--> Anyone, anywhere can render their fingerprints via old school ink on paper (form FD-258). The drawbacks are old school ink on paper a) takes longer, b) is messier and c) more of a hassle.

...

TLDR: To request your FBI background check, you must pair one application type above (online or I-783) with one of the three ways of rendering your fingerprints (USPS, approved channeler or FD-258 card)

#fbi #backgroundcheck #dualcitizenship #mobilitynostr

I wanna know what the candidates have to say on the OUTBOUND immigration platform? 🤔

.....

1. Citizenship-based taxation for Americans ✅

2. Right of exit-ability from the USA (repeal (8 USC 1185) ✅

3. Right to renounce U.S. citizenship (put it in a #mobilityamendment) ✅

4. Relief from onerous financial reporting requirements (FBAR) ✅

5. Warrantless searches and seizures of at the U.S. border ✅

6. FATCA - which makes Americans abroad pariahs of banking, mortgage, and financial services.✅

.....

Exit-ability is as important of a right as enter-ability.

The two combine to make up freedom of movement, which can be more succinctly described as just freedom.

Every American has an interest in establishing and clawing back the rights that constitute their freedom of movement.

#mobilityamendment #Americansabroad #Americansoutbound

All law is still interpreted, applied and practiced by HUMANS.

Never forget that it all runs through the lens of messy human personalities, biases, blind spots, temperaments, and fallibility.

Consider for a moment the absurdity of your inability to prove your legal identity without ongoing permission from the state, in the form of a valid government issued ID.

#mobilitymeme Monday https://image.nostr.build/84dfabf9bd2c8e13a268c841b64ad39ad55f117152552b9c820c51d98b7327a3.jpg

The longer it takes you to exercise a benefit of a mobility asset, the less that mobility asset exists for you.

—> Citizenships, semi-citizenships, residencies, visas, passports, substitute travel documents.

Getting a second citizenship means you can get:

✅Immediate, highest right of entry in a second country

✅Immediate, highest right of residency in a second country

✅ Another passport

✅ Another set of visa-free access

✅ Another government-issued national ID

✅ Another set of foreign consulates that can help you

✅ Access to another country's bilateral treaties

✅ Another soft national identity you can use

✅Another country in which you can apply for immigration benefits in third country consulates (the friendlier consulate springboard)

✅ Access to another set of countries for advantaged entry or residency terms (if the citizenship is part of the EU, CTA, MERCOSUR, or other freedom of movement bloc).

Freedom of movement through #multiplecitizenship is the answer.

10 Freedom of Movement & Self-Sovereignty Actions 🎬for Americans

Here are 10 actions you can pay a professional to do for you to immediately position yourself for better mobility and Plan B options (or DIY yourself, with possibly mixed effectiveness):

1. Find and order 3 certified copies of your important vital documents (BC, MC, DC). Apostille one certified copy of each. Store them in plastic sleeves in a Sovereignty Binder (I'll write more about the "Sovereignty Binder" later). 🎬

2. Research your family ancestry and get yourself and your family screened for citizenship by descent eligibility by a professional. 🎬

3. Get your FBI background check (identity history summary). See what's on it. Check that the information (name, birth date, citizenship, criminal information) is accurate. 🎬

4. Apply for a U.S. passport card. 🎬

5. Apply for a second U.S. passport. 🎬

6. Apply for a Palau digital residency & ID.🎬

.....

If you have any criminal record, including misdemeanors!....

7. Get 3 certified copies of the final dispo./minute order. Apostille one certified copy.🎬

8. Get screened for post-conviction relief eligibility (expungement, vacatur, sealing, expunction, etc.). If you qualify for any post-conviction relief, get it done. 🎬

9. Update your FBI background check (identity history summary) to reflect any post-conviction relief you've obtained (if applicable). 🎬

Note: THESE UPDATES TAKE TIME AND DO NOT USUALLY HAPPEN AUTOMATICALLY.

Finally...

10. Book a consultation with a mobility lawyer to discuss your preferences, goals, eligibility issues, price-range and what citizenships & residency options are available and appropriate for you. 🎬🎬🎬

“The strength of a bureaucracy is measured by its ability to resist giving anyone special treatment.”

-Citizen X

People don’t know they’re in a cage until they try to move without permission.

The guys out there with cameras doing #firstamendment auditing in the face of police intimidation are civil rights heroes in my book.

From the perspective of exposure to a country's laws...

Light opt-in --> Travel to a country Heavy opt-in--> Get permanent residency or citizenship Light opt-out --> Leave a country Heavy opt-out--> Renounce residency/citizenship

#freedomofmovement #extraterritorialjurisdiction

#mobilitymeme Monday https://image.nostr.build/8aefe5304a115a8a7c1d541d9abcc8c8f3bd431a77cf164e7b9cd51ad8024efa.jpg

he "Titanic" is single sovereign dependence, whether in LATAM, U.S. or Germany.

The focus should be from a mindset of moving from 1 to 1 to a mindset of moving from 1 to many (residency options).

From high heel to snowshoe.

9 Common Immigration Predicaments for a U.S. Citizen with a Foreign Spouse

"Mixed citizenship" couples have some unique issues that arise, such as:

1. How to bring the Foreign Spouse Permanently to the U.S. (Consular Processing vs. Adjustment of Status)

2. How to Deal with Non-U.S. Domicile of Sponsoring U.S. Citizen Spouse?

3. U.S. Citizen Needs to Spend 1-3 Years on Assignment in the U.S. How to make sure the Foreign Spouse Can Visit?

4. How to Determine if Child Born Abroad Will Acquire U.S. Citizenship at Birth?

5. How to Register Child's Birth Abroad (CRBA)?

6. How to Maximize Chances Foreign Spouse Can Visit the U.S. While Immigrant Petition (I-130) Is Pending?

7. How to Obtain and Apostille Vital Documents & FBI Report of U.S. Spouse Applying for Residency or Citizenship in Foreign Spouse's Country?

8. U.S. Citizen & Foreign Spouse Green Card Holder Spend 6-12 Months Continuously Outside of the U.S. How to Overcome Continuous Residence Challenge in Foreign Spouse's Forthcoming U.S. Naturalization Application?

9. U.S. Citizen & Foreign Spouse Green Card Holder Spend 6-12 Months Continuously Outside of the U.S. How to Deal U.S. CBP Challenging Foreign Spouse's Green Card?

I'm going to break down some of the ways of dealing with each of these predicaments.

I'll post them as stand alone threads in the coming days, and link them to this master thread.

#citizenship #residency #greencard #dualcitizenship #freedomofmovement

Noah built the arc before the rain.

#dualcitizenship

Dear American Citizens,

❌You're not allowed to leave the U.S. without a valid U.S. passport or substitute besides under limited exceptions (8 USC 1185; 22 CFR 53.2)

❌And the executive has fairly wide discretion to deny you a U.S. passport (Haig v. Agee).

That's a nasty combination.

✅You'd be well justified if learning of this mobility vulnerability shocks you and pisses you off.

Regards.

#mobilityamendment

Old grandpa with his theories.

#mobilitymeme Monday https://image.nostr.build/7fee5ebbb851f71713e4da4ac1dae691505a533976de7943e43f96c12a9a3145.jpg

What's the difference between a CITIZEN and a NATIONAL?

Answering that question requires an inquiry into statehood, conquest and colonialism.

To that end, I recommend anyone interested in this topic, especially in the U.S. context, check out:

"How to Hide an Empire: A History of the Greater United States." by historian Daniel Immerwahr

The book explores how Filipinos, Puerto Ricans, Hawaiians, and others were all U.S. nationals (but not citizens) at one point.

Also why do so many Americans remain hazy, if not, outright uninformed on this point?

Some of those U.S. nationals were entitled to, and GOT U.S. passports.

Also that phenomenon of a "non-citizen U.S. national" still exists today for those born in American Samoa, Swains Island and U.S. Minor Outlying Islands.

Those modern day U.S. nationals also get U.S. passports, despite not being U.S. citizens (another reason to be sharp in the distinction between concepts of "citizenship" and "passport").

Anyway, check out the book.

#citizenship #nationality #USA #empire #colonialism

https://www.amazon.com/How-Hide-Empire-History-Greater/dp/0374172145

So I go to Iran and I announce “I’m back - I’m here to help with your brain drain problem.” They say “Help? You just made it worse.”

I tell ya I get no respect. https://image.nostr.build/b88d2a4522d50d606220cfa6f3cfc3846873bad51aaeae2b3a4a8ba4dc3d2687.jpg

Six Benefits of Canadian Citizenship for Access to the U.S. Market

Does being a Canadian citizen offer unique benefits of access to the United States market?

https://www.malakoutilaw.com/six-benefits-of-canadian-citizenship-for-access-to-the-u-s-market

What's On Your "Criminal Record"?

For the globally mobile person, whether and to what extent you have a "criminal record" is actually not that simple.

In my my experience, most people have a woefully distorted mental model about how criminal records work.

The most common mistake is visualizing your "rap sheet" or "background check" as one single centralized document.

it is not.

What 1) charges, 2) arrests, 2) convictions, and 4) dismissals are on "your record" depends on what entity is providing the background check, for use under which jurisdiction's law and for what purpose.

The reality is that the record is messy, decentralized and loosely linked between different government agencies.

.....

For example, there are variances in how criminal records appear according to different background check generating entities:

1. In the U.S., what shows on a private background check (corelogic, goodhire, etc.) may not show on a state-level government background check (sometimes you can sue for that).

2. What shows on a state-level government background check (California DOJ, Ohio BCI, etc.) may not show up on an FBI background check.

3. What shows on your court records (for example an order of dismissal) may not show up on ANY private, state-level or FBI background check. You may have to go through steps to get the background checks updated, if you want them changed.

4. You may have a sealed juvenile record that does not show up on your state-level or FBI background check. Or it may show up contrary to state law.

......

Then there are differences in how the very same "criminal record" data may have different EFFECT depending on the purpose its being evaluated for:

1. A person might NOT have a criminal record for the purposes of private employment in a given state, but they do for a professional licensing application (Ex: a California rehabilitative expungement).

2. Or they may have a dismissal for the purposes of state and federal law in the United States, but not for the purposes of a foreign residency application. That foreign country may want to know whether a person was EVER convicted, regardless of what happened after the conviction.

3. Or the person might not have a conviction according to one state (perhaps they call it a "juvenile adjudication") but a foreign jurisdiction calls that a conviction.

.....

Understandably, this level of messy complexity is unsettling for most people.

Here's a rule of thumb that some may find useful:

The general question "what do I have on my criminal record?" in order to be meaningful must usually be followed with the qualifiers

1. According to who?

(which entity is providing the records- a county, a state, country, a private background company, etc.)

2. To be evaluated under what law?

(state law, federal law, foreign law, etc.)

3. For what purpose?

(private employment, government employment, foreign citizenship application, domestic criminal sentencing, etc.)

.....

The first step in wrapping your head around a messy, complex concept like "your criminal record" is to reject the simpler comforting but erroneous mental model.

At least then, you're in the advantageous situation of KNOWING what you don't know, so you can research further or seek out a specialist.

#backgroundcheck #criminalrecord #FBI

Lessons in saying nothing:

Start your sentences by saying "With everything happening nowadays..." to get instant agreement.

Golden Visa Put On Pause Due to Surprise on FBI Background Check

I just had another consultation with an American pursuing residency in Europe.

The person made an investment for a "golden visa."

The only problem?

They didn't check their FBI background check beforehand to see whether and how their conviction and expungement from 10+ years ago showed up.

It turns out the conviction shows on the report, but no expungement shows - the worst case scenario.

The person had assumed that the dismissal (expungement) would show on the FBI background check.

Now the golden visa is on hold while the person scrambles to see whether the FBI background check can be amended (luckily that's one of my specialties).

.....

An estimated 40M+ Americans have at least one misdemeanor conviction.

Here's a word to the wise:

If you're one of those 40M+ Americans and you're thinking in any way shape or form about getting a residency or citizenship in a foreign country in the future, get your FBI background check now.

(how-to article linked below).

Just get the FBI background check and see what it shows.

It might take you months or even longer to figure out whether it can be "rehabilitated" and to go through all the steps to do so.

Better a year early than a day late.

#secondcitizenship #fbi #backgroundcheck malakoutilaw.com/fbibackgroundc…

#mobilitymeme Monday https://image.nostr.build/3977cfa126dd5a8a6e200a706ddb8fbcfa91e178c23a69bd1e86f372513d7897.jpg

You need two permissions to travel.

One from the place you want to travel to.

And one from your country(s) of citizenship.

People underestimate their vulnerability to the latter.

#passportissuance #freedomofmovement #mobilitynostr

One #citizenship. no option.

Two citizenships, one option.

What’s it Actually Like Being Stateless?

The following is my written interview of a stateless man living in the United States.

In the United Nations’ 1954 Convention Relating to the Status of Stateless Persons, the definition of“Stateless” is "A person who is not considered as a national by any State under the operation of its law."

The goal of this interview is to gain some insight into the day to day reality of a person living without any nationality. Here, we call him “Mark.”

The interview is given entirely from the perspective of Mark’s experiences and perception living as a stateless person, without regards to the accuracy of any statements made about citizenship or immigration law.

....

Parviz: Thank you for giving this interview. Please tell me a little bit about your background as a stateless person.

Mark: Important caveat: The Hmong history I speak about is based on what I know, but to be honest, I don’t know the history that well.

I was born in France in 1985. My parents were Laotian citizens.During the Vietnam War, my father helped the United States of America thinking that they would save them if they lost the war. In essence, this is what he remembers being promised.

When the war ended, the Hmong started being hunted by the military forces that had opposed the USA and that's when my parents were sent to France, while all of their family members were sent to the USA or did not make it to safety.

My parents were considered citizens of Laos (they were considered enemies of the state after the war). The laws from France are complicated and as my mother recalls, Hmong people were often discriminated against in France, especially in the job market.

My mom and father worked very hard to save enough money to be able to find us a better life by coming to the United States. My parents didn't know about the nationality laws and rules surrounding the possibility of becoming a French citizen. All they knew was that Hmong people were not fairly treated when it came to basic healthcare and career paths.

My parents were promised that my uncle and aunts could give them a legible pathway.  However, this is when things went down the wrong way.

We came to the USA in 1995 a few months before I turned 10. My parents thought that my uncle was in the process of getting us a pathway [to residency]. However, it turned out that we were reported to the INS where an immigration officer confiscated our passports. According to my older siblings 10 years later, their lawyers stated that the officer committed some sort of illegal act.

U.S. Immigration Court

My mother stated that when we went to court, we were ordered to renew our visa. However, France did not accept the renewal. This is when the USA attempted to deport my parents/family to Laos or France. Laos did not view us (children as citizens) and my parents’ lawyer argued that my parents were viewed as enemies of the state. The USA attempted to deport us to France, but France did not recognize any of us as citizens either.

This is where I state that I have a bit of a privilege over other stateless people. At the time and still today, the USA did not know what to do with us and gave us two choices- to get locked up until they could find out what to do with us or permit us to work until they found out what they could do with us. My mom chose the option for a work permit.

College

When I started college, I had to apply for FAFSA, but I realized that I couldn't. I knew that was somehow related to my status. So I searched for ways to do certain things and this is where I was sent back and forth to the "student International" pathway to be told that I am not considered international.

At the time, I was confused and didn't know what I was supposed to do.  However, a certain staff member knew exactly how they would allow me to go to school, or work for the school while I was a student. This worked out, but it took me going back and forth to a different office over and over until someone could figure out a path for me.

.....

Parviz: Have you tried to obtain citizenship in the country you were born in?

Mark: According to what I know, I am not able to get citizenship in France. I am also not able to return to the United States if I take a trip outside.

Parviz: Have you tried to obtain the citizenship of either of your parents?

Mark: For one, I have never been to Laos. I personally never attempted because I cannot even speak Laotian. It scares me to go somewhere where I do not know how to survive, especially if I cannot communicate in the host language.  Secondly, being that I am told my parents are enemies of the state, I don't even think about it [trying to get Laotian citizenship].

Parviz: How did you make it to the United States?

Mark: As I mentioned earlier, we came to the U.S. on some sort of visa which was later confiscated. My mom attempted to renew it when she was told to renew the passport, but we were denied.

Parviz: When and how did you find out you are stateless?

Mark: Growing up, I was curious about why it seemed like I would have to take additional steps beyond what my classmates were doing. It led me to do a little research, and I came upon the concept of being “stateless.” Later on, my sister thought it would be a good idea to have a free consultation with her lawyer. This is when he told us we were stateless.

Parviz: Do you have trouble getting legal identification, driver license, your birth certificate, etc?

Mark: I have copies of my birth certificate, and old passport that were confiscated. When I called the embassy about getting my document, they said I would need to go there in person, to Chicago which was about 7 hours from where I live.

During the period after the 9/11 attacks, my family and I were not allowed outside of [U.S. state REDACTED] for more than 24 hours. At some point, this restriction was removed and we were allowed to travel within the United States. Luckily, I was able to get a legal identification card because in a previous immigration court hearing, we were granted work authorization.

This is why I say I have more privilege than other stateless people. With this privilege, I think I have a responsibility to make people aware that stateless people exist.

Parviz: Have you ever had a passport or travel document?

Mark: Yes, I had a French travel document, which we used to travel to the United States, but France was not willing to renew it.

Parviz: What’s your current status now in the United States?

Mark: I have deferred action for childhood arrivals (“DACA”) so as of now, I am considered a stateless DACA recipient.

......

Parviz: What are the biggest practical difficulties in day-to-day life for you as a stateless person?

Mark: Education was probably the most time-consuming run around in circles that I’ve experienced so far in my life.

Generally, I can name several instances of being rejected from banks, and loans, trying to apply for school, trying to figure out what certain organizations recognize my status as being.  I am told "You are considered international so go here” only to find out that I am not considered international and I need to go there. This happens almost every time to the point that I now explain my situation from the outset every time before I am sent to an office that sends me back and forth.

Here is a bit of a timeline of my experiences trying to progress through life while being stateless:

Army

I tried to join the Army after I graduated from high school, and I was not allowed. I didn't ask why and gave up.

College

I applied for college, was accepted then told to complete my FAFSA if I still wanted to take classes. That kicked off the well familiar routine of being sent back and forth between different offices who didn’t know how to handle me.

I graduated with a 4.0 in Psychology and completed research that I was able to submit as the primary author in the University of [REDACTED] journal, but I am constantly telling myself if I give up now I give up on other stateless people. My goal is to complete research surrounding stateless people and to bring awareness about international laws harming families of all kinds.

Working as a Student

When I applied for a job, I was told it's work-study. I go through the same run-around as above, with my college financial aid applications. Fortunately, the psychology department supervisor figured out how to hire me without having to go through international or FAFSA.

Bank Account

When I apply to a bank to open an account, I’m told I’m not eligible. I try different banks until I’m accepted. I am later sent a letter saying if I don't show proof of certain legal documents [which I don’t have] that my account will be closed. My bank accounts have been closed about seven times over fifteen years.

Health Insurance

I am told I cannot apply for health insurance, then I am told I can, then I am sent a letter saying if I don't show some proof then my insurance will end. This gives me the impression that I cannot get health insurance so I kind of give up for a while.

Eventually, I ended up applying for health insurance through my school job (research for a sleep study) and it was approved. Keep in mind that throughout everything, I am constantly debating if I am wasting my time or not.

Research, Government and Private Employment

I applied to research jobs, government jobs, and other jobs. I applied to more research jobs than in other areas. I applied for a school job that goes through the VA [Veterans Affairs] and I was declined due to my status. I kept going. A few other jobs rejected me because I am not a US citizen, despite being a DACA recipient.

Graduate School Application

I started my application for graduate school to find out they don't have an option for statelessness. I contacted the office and told them that I would like to apply, but the nationality question must be answered, but I do not hold any nationality.

Parviz: How does being stateless inhibit your ability to travel internationally?

Mark: To my knowledge, by law I am not allowed to travel out of the country.

However, if I do, I am at the mercy of the laws of whichever country I travel to, to decide my fate as a stateless person. I have no idea what would happen to me, so I’m not willing to risk that big unknown.

Parviz: Have you ever applied for a travel document for stateless persons?

Mark: I have not applied because I think I won't be able to come back to the USA. I know about advance parole [for DACA recipients], but I don't have any family outside this country so I don't feel that would apply to me.

Even if I did qualify for advance parole, I am afraid of the unknown as I am not like most other DACA recipients [who have at least one nationality].

.....

Parviz: Have you ever applied for a visa or residency as a stateless person?

Mark: My parents tried some sort of residency application when we came to the USA. I don’t know what became of it, but unfortunately I remain stateless and without residency status.

At one point, I was told that our only option was to get married. At that time, gay marriage wasn’t really a thing so I gave up thinking about that option.

Parviz: When you tell people you are stateless, are they confused?

Mark: I have never met anyone who knew what a stateless person was except lawyers, and so I often have to explain it.

Scholars don't even know what stateless is unless they are connected to someone who’s stateless.  Every scholar in the department of psychology at one of the most "prestigious” schools for psychology in the USA didn't even know what stateless meant when they read my application or when they spoke to me.

Parviz: Do you feel it’s critical that you get citizenship at some point?

Mark: Definitely, It would feel so liberating from all of the barriers. I think there should be more awareness about wars that lead to statelessness. I attempted to join the army once and the marines once. Then I gave up, and reanalyzed, and realized war was the cause of my statelessness.

.....

Parviz: What do you think is the biggest misconception people have about being stateless?

Mark: A big misconception is that I could just apply for papers like I was applying for a driver's license and that I have control of my status.

I am lucky to even have an ID due to how my story unfolded. If I were sent to a different country, my outcome would have been way different and I possibly would have ended up in a worse outcome.

Parviz: Do you think you’ve ever been advantaged in some way because of being stateless?

Mark: Yes, because as a DACA recipient, I cannot get deported even if DACA is ended. That's only because there is no country to return me to. It's like a curse, but also an advantage over other DACA recipients that were brought in when they were young, but have a nationality. Frankly, it gives me the strength to not be afraid.

.....

Parviz: Being stateless, if you could have any citizenship in the world that you want, which would it be?

Mark: I always say "I am from planet Earth" where no borders exist. Like, why do geese have more rights than I do in the human domain? They can travel back and forth.

My dream as a child was to travel, so one day I hope that I can go somewhere and return to where I call home (the USA). My view is very relatable to other DACA recipients who feel they have the identity of statelessness.

I want to be able to have citizenship in France because that was where I was born. I want to be able to have citizenship in the USA because that is the place where I grew up and can remember. I would love to have the freedom of being human.

Parviz: Lastly, is there anything else you’d like to add or anything you’d like people to know about what the reality is like in day to day life for someone who’s got no citizenship?

Mark: My entire life, growing up as a child, felt like prison. A prison where walls are called borders. It was very painful as I grew up, but at some point, I just stopped crying. It's painful and those emotions come back when I think about it. It's ok to cry, but at some point there is no point in continuing to wallow.

Parviz: Thank you Mark for giving this interview. It’s been illuminating. https://image.nostr.build/59f46d59add905752f163edba6a70ba7bea980244db9374d43fc3110e6a9b0f1.jpg

💯 https://image.nostr.build/62712efea09ffd4e765e9e107034811edfd1e426d474f0ca306a27ff82980bf5.jpg

Understand the difference between #passport and #citizenship.

Or be content with never grasping the fundamentals of mobility, citizenship, and sovereignty.

I'm in awe of people who put out so much informative content on a sub-niche that you just feel such gratitude and admiration towards a complete stranger.

If you are in my vicinity, you WILL be affected.

#dualcitizenship #mobilitynostr https://image.nostr.build/b15872a5a5761ead4f1bae5815c653aee88e8067f60c834f8407f69caf9d8d3a.jpg

Common conversation among Americans:

1️⃣ Person #1: “I want to get a 2nd citizenship in country X.

2️⃣ Person: #2: “Why do you want to LIVE in country X????”

3️⃣ Malakouti in the background:

“You don’t have to live in the country to gain a benefit of citizenship. May I introduce the concepts of

• country springboard benefits

• emergency Plan B, and

• freedom from #singlesovereignty dependence?”

#dualcitizenship #mobilitynostr

"In theory there is no difference between theory and practice - in practice there is" -Yogi Berra

Governments would like you to believe that processing for a visa, residency or citizenship benefit is the same among their consulates and that there’s not an advantage in #consulateshopping.

This is not true.

The reality is that there is often a stark difference in practice in how difficult, long and hassled your process can be depending on where you apply.

In other words, sometimes it’s better to go to another country if possible to apply for visa, residency or citizenship in a third country.

Reasons to seek a #friendlierconsulate can be:

1. Appointment waiting time (this is a big one)

2. Friendlier, more cooperative, and/or more competent staff

3. Different treatment of locals depending on the relationship between the consulate country and the”host” country.

4. Different visa, residency or citizenship application substantive requirements being imposed by the consulates (yes, sometimes the requirements can even differ between consulates!)

But the catch is you have to be ALLOWED to apply at the consulate.

Most countries generally only want you using consulates in countries in which you are:

1. Resident

or

2. Citizen.

or

3. Resident or citizen

When you are citizen of a country, you have automatic right of #residency there.

Therefore, one more benefit of multiple citizenship is that it generally allows you more ability to #springboard to friendlier consulates for visa/residency/citizenship applications to other countries.

The extra citizenship amplifies your freedom of movement to OTHER countries (In addition to all the benefits it gives you in/with the country of #citizenship).

Freedom of movement through #multiplecitizenship is the way. https://image.nostr.build/896d25b0a43ad4ee1c1c292c821612a30fcad8a5efb569c4e1aa09157399d613.jpg

Multiple citizenship is the master key.

The best parachute.

The safety net.

The refuge.

The shelter.

The springboard.

The bridge.

The shield.

The snowshoe.

The flywheel.

The greatest tool for entrance and the exit in the world of nation states as sovereigns.

#freedomofmovement