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Does a person born in a foreign country to American parents have
Posted on 12/21/16 at 2:56 pm
Posted on 12/21/16 at 2:56 pm
Dual citizenship or are they a naturalized citizen and only have US citizenship? TIA
17
Posted on 12/21/16 at 2:57 pm to mouton
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock for the purposes of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s birth and both parents are the legal parents of the child under local law at the time and place of birth.
Posted on 12/21/16 at 2:58 pm to mouton
US citizen
edit: plus I guess whatever the rules are for the birth country as well. But as far as USA, he's full citizen.
edit: plus I guess whatever the rules are for the birth country as well. But as far as USA, he's full citizen.
This post was edited on 12/21/16 at 2:59 pm
Posted on 12/21/16 at 2:58 pm to mouton
They are an American citizen, just as if they were born here. Whether they have dual citizenship depends on the laws of the country they were born in.
This is why I don't understand all the Birther controversy. Regardless of where Obama was born, he is without question the son of an American citizen mother.
This is why I don't understand all the Birther controversy. Regardless of where Obama was born, he is without question the son of an American citizen mother.
Posted on 12/21/16 at 2:58 pm to mouton
quote:
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the United States or one of its outlying possessions prior to the child’s birth. The child is considered to be born in wedlock for the purposes of citizenship acquisition when the genetic and/or gestational parents are legally married to each other at the time of the child’s birth and both parents are the legal parents of the child under local law at the time and place of birth.
Posted on 12/21/16 at 2:58 pm to mouton
They're US citizens. As to their status in the country of birth, that's up to the specific country.
Posted on 12/21/16 at 2:58 pm to mouton
Depends on each country. France, like the us, has citizenship granted if you are born on their soil. Germany does not.
Posted on 12/21/16 at 2:59 pm to mouton
They are a citizen, not a naturalized citizen (Jus sanguinis). Any foreign citizenship they derive by virtue of their birth location would be totally dependent on the country.
Posted on 12/21/16 at 3:01 pm to Bjorn Cyborg
quote:
This is why I don't understand all the Birther controversy. Regardless of where Obama was born, he is without question the son of an American citizen mother.
Both parents have to be US Citizens if birth takes place in another country.
This post was edited on 12/21/16 at 3:02 pm
Posted on 12/21/16 at 4:08 pm to mouton
One of my grandchildren was born in Japan - no Japanese citizenship.
Another grandchild born in China - no Chinese citizenship.
Another grandchild born in China - no Chinese citizenship.
Posted on 12/21/16 at 4:11 pm to poncho villa
Bingo.
One of my brothers was born in Greece while my dad was stationed over there.
One of my brothers was born in Greece while my dad was stationed over there.
Posted on 12/21/16 at 4:27 pm to mouton
My kid has American and German b/c my wife is german, at 18 he is supposed to give up his German but no one does and they keep both passports.
This post was edited on 12/21/16 at 4:29 pm
Posted on 12/21/16 at 4:42 pm to Bjorn Cyborg
quote:
They are an American citizen, just as if they were born here. Whether they have dual citizenship depends on the laws of the country they were born in. This is why I don't understand all the Birther controversy. Regardless of where Obama was born, he is without question the son of an American citizen mother.
Because there is actually no precedent on the issue. Barry Goldwater was born in the Arizona territory but lost the election. Obama was born in Hawaii. John McCain was born in the Panama Canal zone but again, lost the election.
While most people would "agree" that they can be President, it actually has not been litigated.\
As for me, I was born outside the US on a RAF base. I believe the UK had anchor baby citizenship up until 1983 or 1984 so I just missed the dual citizenship possibility. Which sucks because I could have went to college in the EU for like $20.
This post was edited on 12/21/16 at 4:46 pm
Posted on 12/21/16 at 5:20 pm to mouton
quote:
Dual citizenship or are they a naturalized citizen and only have US citizenship? TIA
No, Obama is not an American. Why do we keep having this conversation.
Much like the apparent gender of Michelle, the birth certificate is not legit.
Joan Rivers outed Michelle as a man and Michelle or, Big Mike, had Rivers killed.
Posted on 12/21/16 at 5:22 pm to mouton
ask obama
wait....
wait....
Posted on 12/21/16 at 6:55 pm to Bjorn Cyborg
quote:
This is why I don't understand all the Birther controversy. Regardless of where Obama was born, he is without question the son of an American citizen mother.
Under the law in place in place at the time of Obama's birth his mother was not a U.S. citizen, and with his dad being Kenyan that created the whole controversy.
"Since any citizenship under Jus solis is codified by the Fourteenth Amendment, we only find laws for passing citizenship via Jus sanguinis on August 4th, 1961 in the Immigration and Nationality Act of 1952 (McCarran-Walter Act). This act states that in order for right of blood citizenship to be passed one parent who was a U.S. citizen at the time of your birth must have resided in the United States for at least ten years, at least five of which had to be after the age of 14."
"When Barack Obama was born in 1961, U.S. citizenship law provided that, if born abroad, he would have acquired citizenship at birth only if his mother, Stanley Ann Dunham, had been physically present in the United States for 10 years, five after the age of 14. She was only 18 when he was born and thus could not have transmitted U.S. citizenship to him."
Posted on 12/21/16 at 8:00 pm to mouton
Mine is the reverse. My mother is Cuban born, I was born in the US and I have dual citizenship.
Posted on 12/21/16 at 8:03 pm to mouton
They are US citizens. In fact, they´re US citizens if only one parent is of the US. As to dual citizenship, that depends upon the country where they were born.
Posted on 12/21/16 at 9:49 pm to mouton
My son was born in Australia. I was a U.S. citizen with Australian residency, and my wife was Australian. About a month after he was born, we went to the U.S. Consulate in Sydney and obtained a "Consular Report of Birth Abroad." I presented my Louisiana birth certificate, my wife had her Australian birth certificate, my son's Australian birth certificate, and our Louisiana marriage certificate to all prove he was ours. He was issued a U.S. passport along with the report and that was that.
He does hold duel citizenship and has both U.S. and Australian passports. In theory, he could go to Australia tomorrow and not have to do a damn thing immigration-wise. He is 13 now and is considering going to college there for a year or two and live with either his aunt and uncle or grandfather during that time. My wife became a U.S. citizen eight years ago, and holds duel citizenship depending on who you ask - the U.S. only sees her as a U.S. citizen; the Australians recognize the duel citizenship.
He does hold duel citizenship and has both U.S. and Australian passports. In theory, he could go to Australia tomorrow and not have to do a damn thing immigration-wise. He is 13 now and is considering going to college there for a year or two and live with either his aunt and uncle or grandfather during that time. My wife became a U.S. citizen eight years ago, and holds duel citizenship depending on who you ask - the U.S. only sees her as a U.S. citizen; the Australians recognize the duel citizenship.
Posted on 12/21/16 at 9:56 pm to mouton
John McCain is the most obvious test case. He was born in the Panama Canal Zone to citizen parents.
This was the subject of some minor controversy when he was a candidate for POTUS, but ultimately the handlers of his opposition decided there wasn't any profit in pursuing this.
This was the subject of some minor controversy when he was a candidate for POTUS, but ultimately the handlers of his opposition decided there wasn't any profit in pursuing this.
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