Text 43523, 75 rader
Skriven 2006-11-30 18:09:17 av Jeff Smith (1:14/0)
  Kommentar till text 43443 av shannon talley (1:275/311)
Ärende: Mystifying Citizensh
============================
Hello shannon.

29 Nov 06 18:35, you wrote to Ward Dossche:

 st> Howdy :)

 >> What about a child being born in an airliner? That is souvereign
 >> territory and the birth is entered into the log (getting a birth
 >> certificate later is a real pain I've been told). How 'bout on a
 >> ship? That is souvereign territory too...

 st> Very interesting... I'm sure there is some precedence for them :?

    Does being born in a foreign country mean those children can never
fully enjoy the right to vote, or the chance to become President? Like
a number of things, it depends on the situation. Typically, a child born
in a foreign country with one U.S. citizen parent is entitled to American
citizenship. Of course, the US government has set up more hoops that one
has to jump through in some situations than in others.

    First, the US follows the English common law rule of "right of soil."
Citizenship is determined by one's place of birth. As such, those born in
the U.S. or its territories (like Puerto Rico, the Virgin Islands and Guam,
Etc.), are American citizens regardless of their parents' citizenship status.
What is important to know is the borders for citizenship. Those born within
U.S. ports and harbors or within I think 12 nautical miles of U.S. borders
are also American citizens. Even babies born on planes while flying over
the U.S. or its territories get U.S. citizenship. The ship or plane's country
of origin makes no difference regarding citizenship.

    However, U.S. installations in foreign countries are not considered
part of the United States. So, delivering a baby at a U.S. naval base in a
foreign country does not entitle the baby to U.S. citizenship. Although the
"citizenship by birth" rules can be somewhat complicated, the 2001 Child
Citizenship Act simplified the process. Now, a child who is under the age of
18, was born outside the U.S. and has at least one U.S. citizen parent
automatically acquires U.S. citizenship upon entry into the country
as an immigrant. No further paperwork or hoops are necessary. The parent may
request a Certificate of Citizenship and U.S. Passport for the child if
proof of the baby's citezenship is desired.

    But this process only applies to children permanently residing in the
U.S. If the child is under 18, was born outside the United States, but
lives abroad in the physical and legal custody of a U.S. citizen parent or
U.S. citizen grandparent, the parent or grandparent must apply for
naturalization of the child. In addition, more criteria must be met. The
U.S. citizen parent or grandparent must have been physically present in
the U.S. before the child's birth. Further, the child must be temporarily
present in the U.S. for the naturalization process and to recite the oath
of allegiance. At this naturalization ceremony, the foreign born, foreign
resident babies gain not only a certificate of citizenship but also
membership into an exclusive club. The Constitution rules that only
"natural born" citizens can hold our highest office, so it seems these
new Americans won't grow up to be President either. The regulations
suggest parents who contemplate baby's future run for the White House
may want to consider permanent residence in the United States. Since 9/11,
the guidelines have changed several times. As such, these rules only apply
to those children born on or after the effective date of the CCA. The law
in place at the time of the child's birth governs immigration. I would
think that if you are expecting a child abroad and want to be sure of
your baby's citizenship, you should check on the current laws. In any
case, one probably should register their child's birth with the embassy
as soon as possible in order to establish the child's claim of U.S.
citizenship.


 st> Shannon

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Jeff

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