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re: Children of Military born overseas not considered to be American at birth

Posted on 8/28/19 at 3:47 pm to
Posted by TBoy
Kalamazoo
Member since Dec 2007
27529 posts
Posted on 8/28/19 at 3:47 pm to
This is about the most offensive thing they could possibly do. These are Americans deployed overseas in the service of America. Their children should not be at risk of not being Americans.

I hope this is some kind of joke. It isn't April 1, so ...-
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 3:50 pm to
The OP is egregiously wrong


Here is what the new policy does:

the children of U.S. citizen gov't employees and service members born abroad will, under this policy, be treated just like the children of non-gov't, non-service member U.S. citizens born abroad.

the children of two U.S. citizen parents will still acquire citizenship at birth even when born abroad so long as one parent resided in the U.S. for an aggregate five years.


This policy basically establishes a uniform standard
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 3:51 pm to
I think y'all are wrong and this does affect citizenship.

quote:

Effective October 29, 2019, children residing abroad with their U.S. citizen parents who are U.S. government employees or members of the U.S. armed forces stationed abroad are not considered to be residing in the United States for acquisition of citizenship.


quote:

Therefore, U.S. citizen parents who are residing outside the United States with children who are not U.S. citizens should apply for U.S. citizenship on behalf of their children under INA 3228, and must complete the process before the child’s 18th birthday.9 The child of a member of the U.S. armed forces accompanying his or her parent abroad on official orders may be eligible to complete all aspects of the naturalization proceedings abroad. This includes interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization.


I read it as you would now have to go through the naturalization process. No automatic citizenship anymore.
This post was edited on 8/28/19 at 4:18 pm
Posted by Brosef Stalin
Member since Dec 2011
41615 posts
Posted on 8/28/19 at 3:52 pm to
Are foreign military bases considered US soil like embassies? McCain was born in the Panama Canal Zone, which was US controlled at the time.
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12444 posts
Posted on 8/28/19 at 3:54 pm to
quote:

children born to a U.S. citizen is a U.S. citizen no matter where the child is born
^this^


quote:

this would only apply to employees / armed forces who are NOT currently U.S. citizens.
Very important distinction.
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 3:56 pm to
The OP is wrong
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 3:59 pm to
ONLY IF THE CHILD DOESN’T automatically acquire citizenship at birth will they have to go through naturalization process

Posted by Clames
Member since Oct 2010
18898 posts
Posted on 8/28/19 at 4:20 pm to
quote:

This is about the most offensive thing they could possibly do. These are Americans deployed overseas in the service of America. Their children should not be at risk of not being Americans.



Amazing how ignorant you are. Go research derivative citizenship by birth then come back when you are at least better than functionally retarded here.

FYI folks, I was born on a foreign military base but since my mother is an American citizen I have derivative citizenship by birth. I also have dual citizenship but have never evoked it. This policy changes neither that nor the status involving the children on service members who are already citizens.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 4:35 pm to
quote:

Policy Highlights

• Clarifies that temporary visits to the United States do not establish U.S. residence and
explains the distinction between residence and physical presence in the United States.

• Explains that USCIS no longer considers children of U.S. government employees and U.S.
armed forces members residing outside the United States as “residing in the United States”
for purposes of acquiring citizenship under INA 320.3


quote:

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:2
• The child has at least one parent, including an adoptive parent3 who is a U.S. citizen by birth or through naturalization;

• The child is under 18 years of age;

• The child is a lawful permanent resident (LPR);4 and

• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.6


The above language, read together with the below:

quote:

Effective October 29, 2019, children residing abroad with their U.S. citizen parents who are U.S. government employees or members of the U.S. armed forces stationed abroad are not considered to be residing in the United States for acquisition of citizenship. Similarly, leave taken in the United States while stationed abroad is not considered residing in the United States even if the person is staying in property he or she owns.


How is that not changing the policy on children born to US Citizen armed forces overseas?
Posted by genro
Member since Nov 2011
62263 posts
Posted on 8/28/19 at 4:38 pm to
I was born at RAF Lakenheath in England. I had dual citizenship at birth. When I was 18 I received a letter from the Crown informing me of the process I need to take to maintain my British citizenship. Instead I let it lapse.
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 8/28/19 at 4:39 pm to
quote:

This is a terrible policy

Soldiers' kids no

Illegal aliens' kids si


According to law, if they are born to american parents, they are natural born...they already have birthright, no need to clarify
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 8/28/19 at 4:41 pm to
quote:

Is this worded poorly or is it really disadvantaging active duty military assigned overseas?



As a prior service member, I dont agree, or wonder why this was done.

HOWEVER, you could look at the flip side and say, why does this happen (I know the answer), and if this is the case, Non-Americans who are in the US and givebirth - SHOULD NOT HAVE BIRTHRIGHT Citizenship.

I think this is the catch all or reason why. Also looking, it says that military dependents will need to apply before 18th birthday. No biggie, do the application and get it done. I am sure there will be resources for this within military legal system.

Citizenship needs an overhaul way more than this though. My wife was naturalized when I was in the military, and let me tell you how fricked it is, and how big of a drain it is on this country. These buildings are VERY secure. The money in infrastructure & security has to be incredible cost. Not to mention the lawyers, and employees of INS.
Posted by StraightCashHomey21
Aberdeen,NC
Member since Jul 2009
126602 posts
Posted on 8/28/19 at 4:43 pm to
quote:

So, this would only apply to employees / armed forces who are NOT currently U.S. citizens.


That’s not how everyone in the military is looking at it

This needs to be cleaned up quickly
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 4:46 pm to
quote:

According to law, if they are born to american parents, they are natural born...they already have birthright, no need to clarify



It's not that simple. Residency matters.
Posted by StraightCashHomey21
Aberdeen,NC
Member since Jul 2009
126602 posts
Posted on 8/28/19 at 4:46 pm to
quote:

I read it as you would now have to go through the naturalization process. No automatic citizenship anymore.


Then it’s nothing more than a money grab

It’s already expensive process that just got more expensive with additional paperwork and layers of nonsense
This post was edited on 8/28/19 at 4:47 pm
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 4:48 pm to
Journalists are spreading horrendous misinformation.
This policy does not affect 99.999999% of children.

This policy Only matters if the child doesn't automatically acquire citizenship at birth, which the vast majority of them do.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 4:49 pm to
quote:

Then it’s nothing more than a money grab

It’s already expensive process that just got more expensive with additional paperwork and layers of nonsense


I agree. I know everybody who has disagreed with my interpretation doesn't want to believe that this is what the new policy says, but I think it's pretty clear it is significantly changing the standard here.
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 4:51 pm to
THE MOST CLEAR WAY OF THINKING ABOUT THIS


the children of U.S. citizen gov't employees and service members born abroad will, under this policy, be treated just like the children of non-gov't, non-service member U.S. citizens born abroad.

It was basically a policy change to make the standards uniform
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 4:51 pm to
quote:

This policy Only matters if the child doesn't automatically acquire citizenship at birth, which the vast majority of them do.



In order to automatically acquire citizenship at birth, they have to be considering "residing" in the United States. Previously, they did even if born overseas. Now they don't.
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 8/28/19 at 4:53 pm to
quote:

Then it’s nothing more than a money grab

It’s already expensive process that just got more expensive with additional paperwork and layers of nonsense


Iirc my wife - while I was on AD - was around $500. Application, photos, interview, test, citizenship.
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