eof

Hi there,

I know that a child born in the US to foreign diplomats is not eligible for US citizenship. I was wondering whether this is true if one parent of a married couple carries a diplomatic visa while the other one does not? This is a pretty rare scenario, because a married couple needs to apply for an A or G-visa for both if either one applies for one. However, there's an exemption if they live at separate addresses which is my case, so I do not have a diplomatic visa even though my wife has one.

Does anyone know whether or not the diplomatic status of one parent takes precedence?

Thanks in advance.

Marocco

Is the child also on a diplomatic visa? "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."

eof

Child not born yet.

dreamercon

Is the other person a citizen or permanent resident? The state department applies the same rules as if the child was born abroad if one parent is a US Citizen and the other a foreign diplomat, meaning that the USC parent needs to have resided in the US for a certain period of time prior to the birth. However, those rules may not stand in court.

eof

Other parent has a work visa.

meauxna

hmmm. You have the most interesting family!

A good question to ponder.. you know the answer already, right? (Consult a lawyer!)
But, for discussion's sake...
Who gave birth? Your spouse, the diplomat, right?
I don't think you get to choose (congratulation, btw).

http://en.wikipedia.org/wiki/United_...ationality_law

http://en.wikipedia.org/wiki/Natural..._United_States

Green Card for a Person Born in the United States to a Foreign Diplomat

meauxna

The child will be born in the US, so not on a dip visa.

I think the 'subject to the jurisdiction of' is what is at question.

dreamercon

If it is the mother that is in the state department's blue list, then I am confident that the child will probably not be a US citizen at birth.

eof

That's also what I'm pretty much expecting. I guess you can always argue that the child will live at the father's place...

Marocco

See http://britishexpats.com/forum/showt...=397994&page=3

crg

Is the dip parent even on the blue list?