Dual-passport holder denied boarding
Jul 9, 2008, 11:33 am
#91
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http://travel.state.gov/law/citizens...nship_776.html
Jul 9, 2008, 11:41 am
#92
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Yes, citizenship IS AUTOMATIC in the situation we have been discussing
Yes, citizenship IS automatic (the rules concerning parental status determine whether citizenship is automatic or not, but let's just say that we are talking about parents who were born in the U.S. and their baby was born overseas).
Here is a direct quote from the consular instructions for registering the birth:
"A Consular Report of Birth Abroad may be issued for any U.S. citizen child under the age of 18 who was born abroad and who acquired U.S. citizenship at birth. "
Note the phrases "born abroad" and "who acquired U.S. citizenship at birth." Note also that if the registration was not performed before the child turned 18, complications arise. In that situation, the U.S. government sees the person as making a "claim of citizenship," but the government does not recognize the claim as valid until a proper investigation is done. If the investigation shows that the claim of U.S. citizenship is valid, then the person's citizenship is recognized. Note: citizenship is "recognized". It is not "granted". In this case, citizenship was still acquired [automatically] at birth, but due to the failure to register the birth in a timely manner, an investigation into the validity of the claim to citizenship had to be performed. When the claim was found to be valid, the person is recognized as having acquired citizenship at birth.
In my earlier post I incorrectly identified the document issued as a result of birth registration. It is "Consular Report of Birth Abroad of a Citizen of the United States of America". It has a nice ring to it, and it clearly indicates that the document only reports that a citizen was born abroad. It does not grant citizenship.
Here is a direct quote from the consular instructions for registering the birth:
"A Consular Report of Birth Abroad may be issued for any U.S. citizen child under the age of 18 who was born abroad and who acquired U.S. citizenship at birth. "
Note the phrases "born abroad" and "who acquired U.S. citizenship at birth." Note also that if the registration was not performed before the child turned 18, complications arise. In that situation, the U.S. government sees the person as making a "claim of citizenship," but the government does not recognize the claim as valid until a proper investigation is done. If the investigation shows that the claim of U.S. citizenship is valid, then the person's citizenship is recognized. Note: citizenship is "recognized". It is not "granted". In this case, citizenship was still acquired [automatically] at birth, but due to the failure to register the birth in a timely manner, an investigation into the validity of the claim to citizenship had to be performed. When the claim was found to be valid, the person is recognized as having acquired citizenship at birth.
In my earlier post I incorrectly identified the document issued as a result of birth registration. It is "Consular Report of Birth Abroad of a Citizen of the United States of America". It has a nice ring to it, and it clearly indicates that the document only reports that a citizen was born abroad. It does not grant citizenship.
Jul 9, 2008, 12:22 pm
#93
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Sorry people but citizenship is NOT automatic to children of US citizens born overseas. In fact I gave you a link in my last post to an authoritative US site where you can read about it.
A US citizen who PROVES that he has spent a fair amount of time in the US over the last 5 years or so, can donate US citizenship to his children. It is your choice as a parent. It is not automatic.
There is something incorrect in Boris' column. He was fretting about not giving his children US citizenship. That was never an option since he hasn't lived in the US recently. He does not have the right to give them US citizenship.
A US citizen who PROVES that he has spent a fair amount of time in the US over the last 5 years or so, can donate US citizenship to his children. It is your choice as a parent. It is not automatic.
There is something incorrect in Boris' column. He was fretting about not giving his children US citizenship. That was never an option since he hasn't lived in the US recently. He does not have the right to give them US citizenship.
Jul 9, 2008, 12:24 pm
#94
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Sorry, but you are wrong. You need to do a bit more reading.
Jul 9, 2008, 12:58 pm
#95
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From the U.S. Citizenship and Immigration Services website:
Information for Parents of Foreign-Born Biological Children Residing in the U.S.
Information for Adoptive Parents with Children Residing Abroad
And from the Child Citizenship Act of 2000:
The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.
In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States.
The Child Citizenship Act (CCA) declares that children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will acquire automatic citizenship. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.
Frequently Asked Questions
1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
At least one parent is a U.S. citizen,
The child is under 18 years of age, and
The child is admitted to the United States as an immigrant.
2. Do I have to apply to USCIS for my child’s citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
. . .
5. Is automatic citizenship provided for those who are 18 years of age or older?
No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
Frequently Asked Questions
1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
At least one parent is a U.S. citizen,
The child is under 18 years of age, and
The child is admitted to the United States as an immigrant.
2. Do I have to apply to USCIS for my child’s citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.
. . .
5. Is automatic citizenship provided for those who are 18 years of age or older?
No. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under the CCA, even if they meet all other criteria. If they wish to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.
Some adopted and biological children do not qualify for automatic citizenship as stated under Section 320 of the Immigration and Nationality Act. However, U.S. citizen parents may still apply for U.S. citizenship for their adopted children who permanently reside abroad.
Frequently Asked Questions on Children Residing Abroad
1) Is automatic citizenship provided for children living outside the United States?
No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.
To be eligible, a child must meet the following requirements:
The child has at least one U.S. citizen parent (by birth or naturalization);
The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.
The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and
The child must meet the requirements applicable to adopted children under immigration law
Frequently Asked Questions on Children Residing Abroad
1) Is automatic citizenship provided for children living outside the United States?
No. In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.
To be eligible, a child must meet the following requirements:
The child has at least one U.S. citizen parent (by birth or naturalization);
The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14–or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.
The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and
The child must meet the requirements applicable to adopted children under immigration law
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:
''children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired
''Sec. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
''(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
''(2) The child is under the age of eighteen years.
''(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
''(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following:
''Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.''.
SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows:
''children born and residing outside the United States; conditions for acquiring certificate of citizenship
''Sec. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
''(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
''(2) The United States citizen parent--
''(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
''(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
''(3) The child is under the age of eighteen years.
''(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.
''(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship.
''(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following:
''Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.''.
(a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows:
''children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired
''Sec. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
''(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
''(2) The child is under the age of eighteen years.
''(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
''(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following:
''Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.''.
SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows:
''children born and residing outside the United States; conditions for acquiring certificate of citizenship
''Sec. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
''(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
''(2) The United States citizen parent--
''(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
''(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
''(3) The child is under the age of eighteen years.
''(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.
''(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship.
''(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following:
''Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.''.
Last edited by jerry a. laska; Jul 9, 2008 at 1:05 pm
Jul 9, 2008, 1:02 pm
#96
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You unfortunately are the one who is wrong. I even quoted from the source you linked to. For the child, citizenship is automatic if he has qualifying parents. It is acquired at birth. There is no choice involved in this. There is no "donation". That was your term. The consular information source you linked to used the word "transmit" which is quite different from "donate". If the parents meet the stated criteria, the child acquires U.S. citizenship at birth whether or not the parents consent, object, and whether or not they actually register the birth.
The only choice is whether or not to actually register the birth. Assuming the child had a dual citizenship option, you might choose not to register and thus hope never to acknowledge the aquisition of citizenship. You might even get away with it. That would not negate the citizenship. The fact of citizenship would simply be obscured. However, the child could then after turning 18, decide to assert a claim to citizenship. Presumably the investigation which followed would show that his claim was valid and his U.S. citizenship would be officially recognized. There would be no grant of citizenship, no naturalization, but rather an official recognition of the fact that the child had acquired citizenship at birth. And whether or not you wanted to "donate" citizenship to him, and even if you explicitly did not want him to be a citizen, there is nothing you could do about it. The parents do have to consent to the issuance of a passport to a minor, but that has nothing to do with citizenship.
For certain children whose parents meet some, but not all, of the criteria necessary for the child to acquire citizenship at birth, there is a provision in the law for them to "automatically" acquire citizenship when they are grated permanent residency in the U.S. That is a completely different issue and there would obviously be some parental choice in the matter, since the child could not travel or move to the U.S. without some form of parental permission. This "automatic" acquisition of citizenship is different from the acquisition of citizenship at birth, as it does not occur until the child becomes a permanent resident.
I have been through the registration process with my own children who were born abroad. In the country where they were born, they had no option to be citizens of that country. They were recognized by that country only as U.S. citizens. They were recognized by the U.S.A. as citizens at the moment of their birth, but if their births had not been registered at the consulate, there would not have been any supporting documents to allow them to obtain U.S. passports. Their birth country would not issue them passports because they were not citizens. They would have been in a very difficult situation.
By the way, we are way off topic.
The only choice is whether or not to actually register the birth. Assuming the child had a dual citizenship option, you might choose not to register and thus hope never to acknowledge the aquisition of citizenship. You might even get away with it. That would not negate the citizenship. The fact of citizenship would simply be obscured. However, the child could then after turning 18, decide to assert a claim to citizenship. Presumably the investigation which followed would show that his claim was valid and his U.S. citizenship would be officially recognized. There would be no grant of citizenship, no naturalization, but rather an official recognition of the fact that the child had acquired citizenship at birth. And whether or not you wanted to "donate" citizenship to him, and even if you explicitly did not want him to be a citizen, there is nothing you could do about it. The parents do have to consent to the issuance of a passport to a minor, but that has nothing to do with citizenship.
For certain children whose parents meet some, but not all, of the criteria necessary for the child to acquire citizenship at birth, there is a provision in the law for them to "automatically" acquire citizenship when they are grated permanent residency in the U.S. That is a completely different issue and there would obviously be some parental choice in the matter, since the child could not travel or move to the U.S. without some form of parental permission. This "automatic" acquisition of citizenship is different from the acquisition of citizenship at birth, as it does not occur until the child becomes a permanent resident.
I have been through the registration process with my own children who were born abroad. In the country where they were born, they had no option to be citizens of that country. They were recognized by that country only as U.S. citizens. They were recognized by the U.S.A. as citizens at the moment of their birth, but if their births had not been registered at the consulate, there would not have been any supporting documents to allow them to obtain U.S. passports. Their birth country would not issue them passports because they were not citizens. They would have been in a very difficult situation.
By the way, we are way off topic.
Jul 9, 2008, 1:11 pm
#97
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Thank you, jerry a. laska....
Note that the topmost paragraph is what I have been primarily discussing. These children are born citizens whether or not they reside in the U.S. No parental choice involved (other than the choice to have kids).
The next category is for those whose parents don't fully qualify under the first category. They have to actually immigrate to the U.S., but are granted citizenship "automatically" when they enter. Obviously, there is some parental choice involved. I think stimpy is hung up on this category and is ignoring the important group of children who acquire their citizenship at birth without any action being taken by anyone.
The next category has to do with adoptions.
Then the Child Citizen Act information basically refers back to those who actually have to immigrate in order to acquire citizenship.
Note that the topmost paragraph is what I have been primarily discussing. These children are born citizens whether or not they reside in the U.S. No parental choice involved (other than the choice to have kids).
The next category is for those whose parents don't fully qualify under the first category. They have to actually immigrate to the U.S., but are granted citizenship "automatically" when they enter. Obviously, there is some parental choice involved. I think stimpy is hung up on this category and is ignoring the important group of children who acquire their citizenship at birth without any action being taken by anyone.
The next category has to do with adoptions.
Then the Child Citizen Act information basically refers back to those who actually have to immigrate in order to acquire citizenship.
Last edited by DLFan2; Jul 9, 2008 at 1:17 pm
Jul 9, 2008, 1:11 pm
#98
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Did you see this section?
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two of which were after the U.S. citizen parent reached the age of fourteen years.
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two of which were after the U.S. citizen parent reached the age of fourteen years.
Jul 9, 2008, 1:28 pm
#99
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The next category is for those whose parents don't fully qualify under the first category. They have to actually immigrate to the U.S., but are granted citizenship "automatically" when they enter. Obviously, there is some parental choice involved. I think stimpy is hung up on this category and is ignoring the important group of children who acquire their citizenship at birth without any action being taken by anyone.
The next category has to do with adoptions.
The next category has to do with adoptions.
Section 102/322 is for children born and residing outside the U.S. and not previously covered by 101/320, and there are conditions and application required by such.
Jul 9, 2008, 1:45 pm
#100
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Did you see this section?
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two of which were after the U.S. citizen parent reached the age of fourteen years.
The U.S. citizen parent must have been physically present in the United States for a period (or periods totaling) five years prior to the birth of the child, at least two of which were after the U.S. citizen parent reached the age of fourteen years.
In your earlier post, you implied that citizenship for children born overseas to U.S. citizens was never automatic, involved parental choice, and was a "donation" from the parent. However, for many, if not most, children born overseas to citizen parents, citizenship is acquired at birth.
There are other provisions for children whose parents don't meet the criteria for acquisition of citizenship at birth.
Jul 9, 2008, 1:50 pm
#101
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My understanding is that not all foreign born natural children of US Citizens have automatic citizenship - this depends upon whether their parent or parents can pass citizenship on to the child. These children though can acquire citizenship when certain requirements are met.
For example,
http://seoul.usembassy.gov/foreign-born.html
For example,
Some foreign-born biological children of U.S. citizen parents were unable to acquire U.S. citizenship at birth because their parents did not meet the legal requirements for transmission of citizenship. While the Child Citizenship Act of 2000 does not alter these transmission requirements, it does provide for the automatic conferral of U.S. citizenship on these children once the first three criteria listed above have been met.
[edit - here are the criteria:
- The child was born on or after February 28, 1983, and
- The child has been adopted pursuant to a full, final, complete adoption or the child has a U.S. citizen parent but did not acquire U.S. citizenship at birth, and
- At least one adopting or biological/birth parent is a U.S. citizen, either by birth or naturalization, and the child must be residing in the United States in the legal and physical custody of the U.S. citizen parent(s) after having been lawfully admitted as an immigrant for lawful permanent residence on or after February 27, 2001.]
Another section of this new law provides that children (biological and adopted) of U.S. citizens who are born and reside abroad (that is, they do not enter the U.S. as permanent residents) and who don't become U.S. citizens at birth can apply to INS for a certificate of citizenship if the following conditions are met:
At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
The U.S. citizen parent has been physically present in the U.S. for a total of at least five years, at least two of which are were after the age of 14. If the child's U.S. citizen parent cannot meet this requirement, it is enough if one of the child's U.S. citizen grandparents can meet it. The child is under the age of eighteen.
The child resides abroad in the legal and physical custody of the U.S. citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
Children who acquire citizenship under this new provision do not acquire citizenship automatically; rather, they must/must apply to INS for a certificate of citizenship and go through the naturalization process.
[edit - here are the criteria:
- The child was born on or after February 28, 1983, and
- The child has been adopted pursuant to a full, final, complete adoption or the child has a U.S. citizen parent but did not acquire U.S. citizenship at birth, and
- At least one adopting or biological/birth parent is a U.S. citizen, either by birth or naturalization, and the child must be residing in the United States in the legal and physical custody of the U.S. citizen parent(s) after having been lawfully admitted as an immigrant for lawful permanent residence on or after February 27, 2001.]
Another section of this new law provides that children (biological and adopted) of U.S. citizens who are born and reside abroad (that is, they do not enter the U.S. as permanent residents) and who don't become U.S. citizens at birth can apply to INS for a certificate of citizenship if the following conditions are met:
At least one parent of the child is a U.S. citizen, whether by birth or naturalization.
The U.S. citizen parent has been physically present in the U.S. for a total of at least five years, at least two of which are were after the age of 14. If the child's U.S. citizen parent cannot meet this requirement, it is enough if one of the child's U.S. citizen grandparents can meet it. The child is under the age of eighteen.
The child resides abroad in the legal and physical custody of the U.S. citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
Children who acquire citizenship under this new provision do not acquire citizenship automatically; rather, they must/must apply to INS for a certificate of citizenship and go through the naturalization process.
Jul 9, 2008, 1:53 pm
#102
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If you read the CCA (2000) Section 101 and INA Section 320 (automatic citizenship) only applies to foreign-born children already residing in the U.S.
Section 102/322 is for children born and residing outside the U.S. and not previously covered by 101/320, and there are conditions and application required by such.
Section 102/322 is for children born and residing outside the U.S. and not previously covered by 101/320, and there are conditions and application required by such.
"The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs). "
Jul 9, 2008, 1:59 pm
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Posts: 2,352
My understanding is that not all foreign born natural children of US Citizens have automatic citizenship - this depends upon whether their parent or parents can pass citizenship on to the child. These children though can acquire citizenship when certain requirements are met.
I don't have stats, but I suspect that the vast majority of these kids fall into the category of those who acquire citizenship at birth. I say this because of the large number of [young, fertile] U.S. military families stationed overseas. Many servicemen marry foreign nationals, but even so, the U.S. citizen parent will likely meet the residency requirement necessary for the child to acquire citizenship at birth.
Apr 27, 2009, 3:05 am
#105
Join Date: Mar 2008
Location: London, UK
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Posts: 2,385
Exactly what I have been saying all along. I have been addressing children born to U.S. citizen parents
I don't have stats, but I suspect that the vast majority of these kids fall into the category of those who acquire citizenship at birth. I say this because of the large number of [young, fertile] U.S. military families stationed overseas. Many servicemen marry foreign nationals, but even so, the U.S. citizen parent will likely meet the residency requirement necessary for the child to acquire citizenship at birth.
I don't have stats, but I suspect that the vast majority of these kids fall into the category of those who acquire citizenship at birth. I say this because of the large number of [young, fertile] U.S. military families stationed overseas. Many servicemen marry foreign nationals, but even so, the U.S. citizen parent will likely meet the residency requirement necessary for the child to acquire citizenship at birth.
In the UK, if your serving the crown abroad (diplomat, government business, military service etc etc), your child born abroad is considered the same as being born in the UK because you are serving the country and not abroad out of choice. This is very important because British Citizenship can only be transmitted abroad one generation..
eg. Daddy born and bred in the UK moves to South Africa. His son is born in South Africa and is British through descent but never moves to the UK. Now the South african born british son gives birth to a baby in SA, the Baby is not british as daddy was british through descent and never resided in the UK! but the baby has rights to move to the UK if SA born British dad takes up residence in the UK.
but with diplomats, it can be possible to have children abroad and due to postings all over the world, the child never resides in the UK but why should the childs child be potentially disadvantaged and deprived of citizenship. thats why people in government service childrens are considered being born in the homeland.
i think John McCain was born in Panama but was considered natural born as he was born to military parents and was thus eligable to run for president.