British Expats

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-   -   immigration via birth (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/immigration-via-birth-18414/)

Nancy Wu Mar 10th 2001 1:09 am

I am going to give a birth in the US next month. Does it will make my son be an American ?
I am in Michigan now.

Rich Wales Mar 10th 2001 2:26 am

Nancy Wu wrote:

> I am going to give birth in the US next month. Will it make my son be an American? I
> am in Michigan now.

Yes. Under US law (based on the 14th Amendment to the Constitution), any child born in the
US is automatically a US citizen. The only exception is for US-born children of foreign
diplomats, who are not considered to have US citizenship because they are not "subject to
the jurisdiction" of the US.

Be aware, though, that having a US-born child will =not= give you (the child's parent) any
sort of special immigration status in the US. Your child can eventually sponsor you for
immigration to the US (a "green card"), but not until he is grown up (21 years old).

Also, depending on the laws of your own country, it is possible that your child may also
automatically have (or be entitled to claim upon request) citizenship in your country as
well. To find out more about this, you should contact consular officials of your country,
and/or a lawyer in your country who is familiar with its citizenship laws. You should
definitely do this before trying to take your child with you on a visit to your country.

Rich Wales [email protected] 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.

waughs Mar 10th 2001 3:15 am

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That's not the sole exception, but the others are even less likely to be applicable. I
assume, for instance, that the woman asking the question is not a member of an
invading/occupying army in the U.S.


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