Madar v. United States Citizenship and Immigration Services, No. 18-1741 (3d Cir. 2019)Annotate this Case
Madar was born in communist-ruled Czechoslovakia in 1964, entered the U.S. in 1991, and overstayed. He has litigated his legal status in the decades since his arrival. Madar sought a declaration that he is a U.S. citizen because his late father, Jozef, was a citizen, and his father’s citizenship transmitted to him. Madar’s paternal grandmother, Cikovsky, was born in 1906 in Ohio. As a teenager, she left the U.S. to settle in Czechoslovakia. She married there and gave birth to Jozef in 1940. Jozef never lived in the U.S., married a non-U.S. citizen in Czechoslovakia and had children there. Jozef knew of his mother’s American birth, but did not know that this might entitle him to citizenship. In his son’s immigration proceedings, Jozef swore in an affidavit that the political circumstances of post-war Czechoslovakia would have made compliance with requirements that foreign-born children of citizens be physically present in the U.S. for some amount of time to retain citizenship, difficult, if not impossible. The Third Circuit affirmed that even if Jozef had retained his citizenship under an equitable theory that excused his noncompliance with statutory physical presence requirements, he did not transmit that citizenship to his son.