Children born in US
Feb 19th 2001, 5:20 am
#1
Guest
Posts: n/a
I have heard that children born in US are considered US citizens irrespective of parent's
nationality/visa status. Do they (the children) have to fulfil any 'stay' requirements
should the parents choose to move back to their home country, for continuity of their
citizenship status? Regards and Thanks in advance Vibhor
nationality/visa status. Do they (the children) have to fulfil any 'stay' requirements
should the parents choose to move back to their home country, for continuity of their
citizenship status? Regards and Thanks in advance Vibhor
Feb 19th 2001, 6:54 am
#2
Guest
Posts: n/a
"Vibhor" wrote:
> I have heard that children born in the US are considered US citizens irrespective of
> parent's nationality/visa status.
This is correct. The only exception is for US-born children of foreign diplomats.
> Do they (the children) have to fulfil any 'stay' requirements should the
> parents choose to move back to their home country, for continuity of their
> citizenship status?
No. Their US citizenship is secure for life, regardless of whether they ever return to the
US or not.
Note, too, that a US-born child (except for a foreign diplomat's child) is a US citizen
according to US law, regardless of whether or not the parents' country permits dual
citizenship.
Rich Wales [email protected] http://www.webcom.com/richw/ *Dual Citizenship FAQ --
http://www.webcom.com/richw/dualcit/ *DISCLAIMER: I am not a lawyer, professional
immigration consultant, or consular officer. My comments are for discussion purposes only
and are not intended to be relied upon as legal or professional advice.
> I have heard that children born in the US are considered US citizens irrespective of
> parent's nationality/visa status.
This is correct. The only exception is for US-born children of foreign diplomats.
> Do they (the children) have to fulfil any 'stay' requirements should the
> parents choose to move back to their home country, for continuity of their
> citizenship status?
No. Their US citizenship is secure for life, regardless of whether they ever return to the
US or not.
Note, too, that a US-born child (except for a foreign diplomat's child) is a US citizen
according to US law, regardless of whether or not the parents' country permits dual
citizenship.
Rich Wales [email protected] http://www.webcom.com/richw/ *Dual Citizenship FAQ --
http://www.webcom.com/richw/dualcit/ *DISCLAIMER: I am not a lawyer, professional
immigration consultant, or consular officer. My comments are for discussion purposes only
and are not intended to be relied upon as legal or professional advice.
Feb 19th 2001, 11:03 am
#3
Guest
Posts: n/a
> > I have heard that children born in the US are considered US citizens irrespective
> > of parent's nationality/visa status.
>
>This is correct. The only exception is for US-born children of foreign diplomats.
>
> > Do they (the children) have to fulfil any 'stay' requirements should the parents
> > choose to move back to their home country, for continuity of their citizenship
> > status?
>
>No. Their US citizenship is secure for life, regardless of whether they ever return to
>the US or not.
Quick followup question.
I'm fairly certain that all my reading of the US immigration literature turned up nil
support for the notion that a foreign-born child of a US-born person automatically can
apply for US citizenship (well, anyone can apply, but these folks would be given special,
rubber-stamped consideration). That is, if someone was born in the US but lived in the
States only briefly (say, a couple of months as a newborn) and that US-born person has
children outside the US, their children can't claim US citizenship by reason of their
parent's status. Did the parent need to fulfill "stay" requirements in this case? Can
anyone point to an actual online document which proves this one way or the other?
Thanks, GL (to reply via e-mail, remove "nospam")
> > of parent's nationality/visa status.
>
>This is correct. The only exception is for US-born children of foreign diplomats.
>
> > Do they (the children) have to fulfil any 'stay' requirements should the parents
> > choose to move back to their home country, for continuity of their citizenship
> > status?
>
>No. Their US citizenship is secure for life, regardless of whether they ever return to
>the US or not.
Quick followup question.
I'm fairly certain that all my reading of the US immigration literature turned up nil
support for the notion that a foreign-born child of a US-born person automatically can
apply for US citizenship (well, anyone can apply, but these folks would be given special,
rubber-stamped consideration). That is, if someone was born in the US but lived in the
States only briefly (say, a couple of months as a newborn) and that US-born person has
children outside the US, their children can't claim US citizenship by reason of their
parent's status. Did the parent need to fulfill "stay" requirements in this case? Can
anyone point to an actual online document which proves this one way or the other?
Thanks, GL (to reply via e-mail, remove "nospam")
Feb 19th 2001, 4:01 pm
#4
Guest
Posts: n/a
"G Leatherdale" wrote:
> I'm fairly certain that all my reading of the US immigration literature turned up
> nil support for the notion that a foreign- born child of a US-born person
> automatically can apply for US citizenship . . . . Did the parent need to fulfill
> "stay" requirements in this case?
The current law applicable to such situations can be found in sections 301 and 309 of the
Immigration and Nationality Act [8 USC 1401, 1409].
The answer to your question depends on several factors, such as:
==> Exactly when was the child born? (The applicable law has changed
from time to time, and the changes have generally not been retro- active, so it's
important to be aware of what the law said at the time of the child's birth.)
==> At the time of the child's birth, were both parents US citizens,
or only one?
==> How much time did the child's American parent(s) spend in the US
before the child's birth?
==> How old was the child's American parent during his/her stay in
the US?
==> Were the parents married (to each other) when the child was born?
==> How much time did an American grandparent of the child spend in
the US before the child's birth?
In the case of a child born outside the US right now, only one of whose parents is a US
citizen, and assuming the parents were married
(i.e., the child was born "in wedlock"), then the requirement for the child to have
automatic US citizenship at birth is that:
(1) the American parent must, prior to the child's birth, have been physically present in
the US (or its possessions, or on a foreign posting with the US armed forces or other
government job, or as a dependent spouse or child of someone so posted) for a total of
at least five years; and
(2) at least two years out of the aforementioned five must have taken place after the
American parent's 14th birthday.
For children born prior to 14 November 1986, the requirement was for at least ten years of
physical presence in the US by the parent (of which at least five had to be after the
parent's 14th birthday).
If both parents of a non-US-born child are US citizens, then the child will have automatic
US citizenship at birth, provided at least one of the parents had ever lived in the US,
for =any= length of time, at =any= time in his/her life (even as a child).
There are many different situations; the above list is absolutely NOT all-inclusive. In
many cases, the best thing to do would probably be to discuss matters with a knowledgeable
immigration lawyer.
Rich Wales [email protected] http://www.webcom.com/richw/ *Dual Citizenship FAQ --
http://www.webcom.com/richw/dualcit/ *DISCLAIMER: I am not a lawyer, professional
immigration consultant, or consular officer. My comments are for discussion purposes only
and are not intended to be relied upon as legal or professional advice.
> I'm fairly certain that all my reading of the US immigration literature turned up
> nil support for the notion that a foreign- born child of a US-born person
> automatically can apply for US citizenship . . . . Did the parent need to fulfill
> "stay" requirements in this case?
The current law applicable to such situations can be found in sections 301 and 309 of the
Immigration and Nationality Act [8 USC 1401, 1409].
The answer to your question depends on several factors, such as:
==> Exactly when was the child born? (The applicable law has changed
from time to time, and the changes have generally not been retro- active, so it's
important to be aware of what the law said at the time of the child's birth.)
==> At the time of the child's birth, were both parents US citizens,
or only one?
==> How much time did the child's American parent(s) spend in the US
before the child's birth?
==> How old was the child's American parent during his/her stay in
the US?
==> Were the parents married (to each other) when the child was born?
==> How much time did an American grandparent of the child spend in
the US before the child's birth?
In the case of a child born outside the US right now, only one of whose parents is a US
citizen, and assuming the parents were married
(i.e., the child was born "in wedlock"), then the requirement for the child to have
automatic US citizenship at birth is that:
(1) the American parent must, prior to the child's birth, have been physically present in
the US (or its possessions, or on a foreign posting with the US armed forces or other
government job, or as a dependent spouse or child of someone so posted) for a total of
at least five years; and
(2) at least two years out of the aforementioned five must have taken place after the
American parent's 14th birthday.
For children born prior to 14 November 1986, the requirement was for at least ten years of
physical presence in the US by the parent (of which at least five had to be after the
parent's 14th birthday).
If both parents of a non-US-born child are US citizens, then the child will have automatic
US citizenship at birth, provided at least one of the parents had ever lived in the US,
for =any= length of time, at =any= time in his/her life (even as a child).
There are many different situations; the above list is absolutely NOT all-inclusive. In
many cases, the best thing to do would probably be to discuss matters with a knowledgeable
immigration lawyer.
Rich Wales [email protected] http://www.webcom.com/richw/ *Dual Citizenship FAQ --
http://www.webcom.com/richw/dualcit/ *DISCLAIMER: I am not a lawyer, professional
immigration consultant, or consular officer. My comments are for discussion purposes only
and are not intended to be relied upon as legal or professional advice.
Feb 19th 2001, 7:35 pm
#5
Guest
Posts: n/a
Hi,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
The US Constitution is the highest form of law in the United States. Section one of the
Fourteenth amendment reads, " All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws."
As you can see, if a person is born in the US, that person is a citizen. There are no
additional requirements to be met.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
vibhor wrote:
> I have heard that children born in US are considered US citizens irrespective of
> parent's nationality/visa status. Do they (the children) have to fulfil any 'stay'
> requirements should the parents choose to move back to their home country, for
> continuity of their citizenship status? Regards and Thanks in advance Vibhor
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
The US Constitution is the highest form of law in the United States. Section one of the
Fourteenth amendment reads, " All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws."
As you can see, if a person is born in the US, that person is a citizen. There are no
additional requirements to be met.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
vibhor wrote:
> I have heard that children born in US are considered US citizens irrespective of
> parent's nationality/visa status. Do they (the children) have to fulfil any 'stay'
> requirements should the parents choose to move back to their home country, for
> continuity of their citizenship status? Regards and Thanks in advance Vibhor
Feb 20th 2001, 2:06 am
#6
Guest
Posts: n/a
> I have heard that children born in US are considered US citizens irrespective of
> parent's nationality/visa status.
Yes that's true. As long as the parents are not foreign diplomats, then the child will be
a US citizen.
> Do they (the children) have to fulfil any 'stay' requirements should the parents choose
> to move back to their home country, for continuity of their citizenship status?
No. The children can leave the US the day that they are born, and never return, but they
would still be US citizens.
Stephen Gallagher
> parent's nationality/visa status.
Yes that's true. As long as the parents are not foreign diplomats, then the child will be
a US citizen.
> Do they (the children) have to fulfil any 'stay' requirements should the parents choose
> to move back to their home country, for continuity of their citizenship status?
No. The children can leave the US the day that they are born, and never return, but they
would still be US citizens.
Stephen Gallagher
