ozzie

A colleague of mine was refused boarding at Heathrow today for a flight to JFK as he was born in the US but travelling on a UK passport. This is something that is now being enforced:

It has been brought to our attention that the US Immigration and
Nationality Act Section 215B stipulates that anyone born in the US is
deemed a US citizen and if they attempt to travel on documents other than a
US passport (to the US), they must carry with them a 'loss of nationality
letter'.

The US Embassy have advised that in the past passengers may have been
waived by the Embassy and that the INS have not previously been strict in
this area. However, they have confirmed that the policy has changed and
that unless there is a dire emergency, passengers will not be waived and
they must be sent to the US Embassy to either have their passport renewed
or to obtain a 'loss of nationality letter'.

Please note if you or your travellers have any questions, or require further
clarification on any aspects of this communication, we recommend that you
contact the US Embassy, as this is a policy mandate direct from the US
Government Department for Immigration and Naturalization.

dcpremex

This is not quite the case. Section 215B does not say that anyone born in the US is deemed a US citizen nor does it even mention a "loss of nationality' letter. Section 215(b) of the act does state that "(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." http://uscis.gov/lpBin/lpext.dll/ins...me.htm#slb-act

Also as I understand it. the fact of birth alone does not necessarily in and of itself make you a US citizen. (Someone on vacation here from another country who happens to give birth here - the child is not automatically a US citizen). A renunciation would mean that you have activeley renounced US citizenship completely and should not even have a US passport - which would make you an alien when you travel to the US subject to alien visa requirements. http://travel.state.gov/pr_renun.html

By the way - why wouldn't you want to enter the US on a US passport (much shorter lines). Nothing prevents you from also having a passport of another country which you use overseas.

We could have a very long legal brief on this but I recommend that is is best to check with a good US immigration specialist if you are concerned.

landspeed

FYI:
More general multi-page past discussions of dual nationality:

WHY should anyone have 2 passports?
http://www.flyertalk.com/forum/showthread.php?t=294675

Dual-passport people: how do international flights work?
http://www.flyertalk.com/forum/showthread.php?t=297260

Aviatrix

Not necessarily the case. There are quite a few countries which do not allow dual citizenship, or which only allow it in certain circumstances. For example, German citizens lose their German citizenship if they "actively seek" the citizenship of another country (i.e., by applying for it). I understand that the same goes for several other EU countries.

B747-437B

Actually yes, the child IS automatically a US citizen in that case.

It is one of the more popular loopholes to a green card for the parents.

YVR Cockroach

Parents don't get automatic residency in such a case, do they? I thought they have to weight until the child becomes a legal adult and sponsor them.

B747-437B

Or they can petition on humanitarian grounds to be allowed to remain in the country as the sole source of support for a US citizen. The state cannot order the mandatory deportation of a US citizen and the only other option is to make the baby a ward of the state.

Oldest trick in the book....

cordelli

In this case, the person was stopped at Heathrow, not entering the country. I would assume they were using their other passport to get on the plane, and would use their US one to get into the country.

Droneklax

That's incorrect.

People from border cities come into the US to give birth to their child for that very reason. They cross the border in El Paso pregnant, pop the kid in El Paso and get back into Juarez.

It's a huge medical industry in San Diego, El Paso and other border cities.

The kid is automatically a US citizen.

YVR Cockroach

I think the only circumstances, broadly speaking, that falls into this category is birth to a foreign diplomat posted in the U.S. (or U.N.) and/or birth to foreign military posted to the U.S. (for whatever reason)

As others said, the child is, unless the circumstances are as above. I think there has been talk of changing this such as H. R. 1567

hfly

1. Anyone born in the US and is REGISTERED is considered by the US to be its citizen (I mention registered, because there have been cases of people born on farms, not having birth certificates and having a hard time later on in life - after 18 - proving that they are US citizens when needing documentation - believe it or not this still happens).

2) I say this everytime this subject comes up. No country gives any real thought to what any other country does regarding its own citizenship laws/requirements. Germany has its laws, and many tens of thousands of Turks have "renounced" their Turkish citizenship in order to become German citizens. Guess what, they can get their Turkish passports back the next day as Turkey does not allow its citizens to permanently renounce citizenship (Once a Turk, always a Turk). Many countries (such as India) have similar provisions.

3) The case for the "back door" green card that 747 made is quite difficult to pull off these days, and not as successful as it used to be.

rkkwan

The US government cannot and will not deport the child, but they also will not give the parents green cards. They may not break down the door and "actively" deport them, but they also cannot be legally employed, etc. Basically, the parents probably can hide out here as an illegal, like so many others, until the child is 18 and can sponsor them.

This is unless they can prove that if they return to their home country, the child will get unfavorable treatments. I think there have been cases like female circumcision in some African countries that may work. But generally, no.

B747-437B

The Indian provision is somewhat different than the Turkish one you describe. India absolutely DOES allow you to renounce citizenship (in fact it REQUIRES you to do so if you accept the citizenship of another country). However, you never lose your eligibility for Indian citizenship by birth. Hence you are eligible to re-apply for Indian citizenship at any time - however, you MUST relinquish the citizenship of all other countries prior to the Indian citizenship being awarded and provide an affadavit to that end.

Plenty of folks try to play around with dual citizenships in India and invariably wind up getting caught at the time of passport renewals or entry/exit. The law permitting dual citizenship has all but been passed into law though and is expected to be among the first acts of the new parliament once formally convened.

civicmon

A huge thing in Japan and Korea is having kids in Hawaii and CA. There are actually companies in those nations that help facilitate this and have halfway houses.

They pay their bills.. but they want the window open to leave if stuff gets bad in their home nations.

Droneklax is correct, it's a big business here in SD and in El Paso.

Mr. Roboto

Civicmon is correct. There was an article in the Los Angeles Times last year about Korean tour companies that specialize in this. They mainly cater to upper middle class Korean women who have the financial resources to come to the U.S. to give birth in order for their child to have U.S. citizenship. The price they charged included air, lodging, pre-natal care, delivery room, hospitalization for X number of days, etc., just about everything unless delivery was by C-section or the woman developed complications.

When queried, these women replied that the main reason they wanted U.S. citizenship for their offspring was that it was easier for them to attend a U.S. university this way. I would also assume that in the case of male offspring, this would also relieve him of compulsory militairy service in Korea.