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

Posted on 8/28/19 at 5:24 pm to
Posted by stelly1025
Lafayette
Member since May 2012
9891 posts
Posted on 8/28/19 at 5:24 pm to
quote:

U.S. armed forces stationed abroad are not considered to be residing in the United States for acquisition of citizenship.


This is exactly what I said. This reads to me as a child born overseas doesn't have to be considered residing in the United States while overseas for birthright 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,


This is most likely in reference to non citizens serving or service members who adopt children from other countries while overseas who are not citizens. If you are born to two American Citizens while on orders in a foreign country that child is a Citizen of the United States.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 5:27 pm to
I totally get what you're saying and admit the language on the USCIS page is not clear. The USCIS page seems to say this won't affect service member's children but the language in the actual "Policy Alert" seem to directly contradict that.

Posted by StraightCashHomey21
Aberdeen,NC
Member since Jul 2009
126602 posts
Posted on 8/28/19 at 5:27 pm to
quote:

Truth, but if you dont think the military will fix this or screen, or have programs put in place, you're being naive. Not saying it isn't a hassle, but the military thing will get taken care of.


The Pentagon already put out a statement

Saying they are working on getting this clarified

People are already freaking out as word hits bases
Posted by HailHailtoMichigan!
Mission Viejo, CA
Member since Mar 2012
73172 posts
Posted on 8/28/19 at 5:27 pm to
Dude, even NBC says you are wrong. They were repeating your bs interpretation and were forced to correct it




Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 8/28/19 at 5:29 pm to
quote:

NBC says you are wrong


Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 5:30 pm to
Is it really a "BS interpretation" when so many read it that way?

The "Policy Alert" was extremely contradictory to what they are saying the change actually is.
Posted by StraightCashHomey21
Aberdeen,NC
Member since Jul 2009
126602 posts
Posted on 8/28/19 at 5:31 pm to
That’s why I said it needs to be clarified

Also being stationed overseas isn’t being deployed

fricking NBC
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
37523 posts
Posted on 8/28/19 at 5:38 pm to
quote:

I may be mistaken, but don't those bases have the same rules as embassies where they are considered American soil?
IDK, but my son was born in a German hospital (we lived too far from an American military hospital) and he was still a citizen at birth.

I'm sure a clarified statement will be released soon so I'll wait until then to get upset either way.
Posted by Wolfhound45
Member since Nov 2009
126000 posts
Posted on 8/28/19 at 5:41 pm to
quote:

Is this worded poorly or is it really disadvantaging active duty military assigned overseas?
Only if they are a 13 series.










:running:
Posted by StraightCashHomey21
Aberdeen,NC
Member since Jul 2009
126602 posts
Posted on 8/28/19 at 5:42 pm to
quote:

IDK, but my son was born in a German hospital (we lived too far from an American military hospital) and he was still a citizen at birth.


Same

A ton of people have their kids at the local hospital instead of on base overseas
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26360 posts
Posted on 8/28/19 at 5:44 pm to
My mom was born in Germany way back in the day on an american base and she got a call about 15 years ago from immigration claiming she was an alien. It got cleared up pretty quickly but it was funny at the time. Probably not so much these days...
Posted by nhale623g
The Edge Of Sanity
Member since Apr 2011
119 posts
Posted on 8/28/19 at 7:51 pm to
NDAY, Mickey

If you follow the link in the OP and then follow the relevant links to the policy manual and actually read it, it is clear they are referring to a naturalized citizen where the spouse, children, parents were not naturalized yet and where the children were born before the parent was naturalized. This does not include step children, but the non-naturalized children of a naturalized US citizen.

Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12444 posts
Posted on 8/28/19 at 7:57 pm to
quote:

not that simple. Residency matters.
As the new policy applies, it only matters if your parents (or parent) aren’t already citizens.

As long as at least one of your parents are a US citizen, and have lived for a total of at least five years in the US as a citizen, then you are, by birth, a natural born citizen.

The new policy says nothing about changing that, and it applies to those who wouldn’t be natural born citizens. A child born overseas to non-citizens, that just happen to be employed by the US government, shouldn’t expect to automatically granted citizenship at birth. The electrician who works at the stadium hosting the Super Bowl doesn’t get to take home a trophy.
Posted by Trumansfangs
Town & Country
Member since Sep 2018
7853 posts
Posted on 8/28/19 at 8:01 pm to
quote:

it is poorly worded



Absurdly worded.
Posted by nhale623g
The Edge Of Sanity
Member since Apr 2011
119 posts
Posted on 8/28/19 at 8:06 pm to
Per Fox News:

LINK


"USCIS identified three sets of children living outside the U.S. whom the policy could affect: children of non-U.S. citizens adopted by U.S. citizen employees or service members; children of non-U.S. citizen parents who become citizens after the child’s birth; and children of U.S. citizens who do not meet residency requirements to transmit citizenship to their children at birth."
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 8/29/19 at 7:57 am to
quote:

meh...children born to a U.S. citizen is a U.S. citizen no matter where the child is born. So, this would only apply to employees / armed forces who are NOT currently U.S. citizens.


This. I would like the requirement to be that you need to be born to 2 US citizens for automatic citizenship. But if born overseas, you shouldn’t be considered “natural born” for purposes of running for POTUS, VP, etc. Only people born on US soil should get that.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
23786 posts
Posted on 8/29/19 at 2:24 pm to
A little update and context.

quote:

its data indicate the measure would have affected only "20 to 25 children a year."


quote:

Children of parents who have never lived in the United States or established residency

Children of couples including a U.S. citizen and a non-citizen

Children of non-citizens serving in the armed forces

Non-citizen children adopted by U.S. citizens



The More You Know

A little knowledge goes a long way...
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/29/19 at 3:19 pm to
quote:

For a child born on or after December 24, 1952, both parents must have been American citizens. In addition, one parent must have lived in the United States for ten years (and for at least five years after the age of 14) before the birth of the child.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 8/29/19 at 3:24 pm to
quote:

Is it really a "BS interpretation" when so many read it that way?



""Journalism" USED to mean

1. Get info
2. Confirm info.
3. report info.

NOW

Journalism means
1.Get info

2. Report it with your hair on fire

Basic rule of thumb. If the info you just got seems completely at odds with what you think makes sense, you should at least make an attempt include that middle step first.
This post was edited on 8/29/19 at 3:30 pm
Posted by GumpInLex
Lexington, KY
Member since Nov 2011
1627 posts
Posted on 8/29/19 at 4:43 pm to
I’m the same way but in reverse. I’m a dual Australian citizen with a birth of Aussie citizen abroad status.
They used to make kids choose when they turned 18 on which citizenship to keep, but thankfully they changed the laws.
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