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does a foreign diplomat's baby have US citizenship?(conceived & born in NYC)

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  • does a foreign diplomat's baby have US citizenship?(conceived & born in NYC)

    does a foreign diplomat's baby have US citizenship?
    (conceived & born in NYC) The baby has a birth
    certificate from New York, as well as a foreign diplomatic
    passport showing place of birth as "New York, USA"...

    are there laws/treaties that deals with this issue?

    does anybody know an immigration attorney in the
    NYC area who has personally dealt with this kind of cases?

    Thanks!
    Last edited by TwoScoops; 6th April 2007, 05:09 PM.

  • #2
    From what I believe the answer is no. They are still classified as a citizen of the county of the parent. It's similar to US military children being born on bases out of the US, they don't retain that countries citizenship, only that of the US.

    I just read an article about dual citizenships (can't remember the link) that talks about a US citizen and who is not one even if they are born in the US. Foreign diplomats was one that was mentioned...
    I'm just a wanderer in the desert winds

    Comment


    • #3
      That is correct - children born to foreign government officials on assignment in the US do not gain citizenship through birth.
      USC 7/14/2006

      Comment


      • #4
        That's why the "under the jurisidiction of the United States" clause in the 14th amendment is there.

        Comment


        • #5
          Hey, hey, stop the presses. Here is where we see the limits of our aficionado immigration knowledge I was also under the same impression, until I met a diplomat (well, I am not sure if he's technically a diplomat, not sure of those nuances) recently (employee of a consular office) whose wife was pregnant. I mentioned the same thing "children of diplomats don't gain US citizenship", and he very graciously rebutted me saying that he had checked it and regular employees of a consulate are not covered under that umbrella, i.e. their children born in the U.S. are going to be U.S. citizens. Being who I am, I had to go online and corroborate this information. Lo and behold he was right, I think in fact most diplomats are not affected by that rule. I haven't reread the whole section, but I think only those appearing in the blue list mentioned in the document are affected by this restriction.

          Here is an interesting list for your consumption with a good section on diplomats:
          http://foia.state.gov/masterdocs/07fam/07m1110.pdf
          Last edited by Huracan; 6th April 2007, 06:06 PM.

          N-400 timeline
          DO : San Jose
          11/28/2006 : Mailed
          12/04/2006 : PD (and Receive Date)
          12/05/2006 : Check cashed
          12/11/2006 : Notice Date (Received on the 14th)
          12/22/2006 : FP ND
          01/09/2007 : FP Appt
          12/29/2006 : FP Done. Walk-In
          07/17/2007 : Interview (ND May 17)
          08/22/2007 : Oath (Received Jul 26, issued on the 23d, mailed on 24th)
          08/23/2007 : Applied N-600 and Expedited Passport
          09/06/2007 : Passport received
          08/20/2008 : Sent N-565 (Approved Feb 17, 2009)

          Comment


          • #6
            Yes, but regular employees of a consulate are not diplomats. The exclusion is specifically limited to those holding diplomatic immunity from prosecution under US law.
            USC 7/14/2006

            Comment


            • #7
              Originally posted by TwoScoops View Post
              does a foreign diplomat's baby have US citizenship?
              (conceived & born in NYC) The baby has a birth
              certificate from New York, as well as a foreign diplomatic
              passport showing place of birth as "New York, USA"...

              are there laws/treaties that deals with this issue?

              does anybody know an immigration attorney in the
              NYC area who has personally dealt with this kind of cases?

              Thanks!
              http://foia.state.gov/masterdocs/07fam/07m1110.pdf The names of diplomatic agents accredited or notified to the United States and who have full diplomatic privileges and immunities are published every three months in the Department’s Diplomatic List, often called the “Blue List.” The Diplomatic List also gives the name of the spouses residing with them, but does not include other members of the family forming part of the household, although they may be entitled to privileges and immunities.
              So if you are on the list....NO

              ALSO,

              However, bilateral agreements with certain countries grant A&T and service
              staff members and their families diplomatic-level privileges and immunities, and children born in the United States to such persons do not acquire U.S. citizenship. CA/OCS, through the Office of Protocol, will address inquiries as to whether such bilateral agreements affect the A&T or service staff members of specific countries
              To the best of my knowledge place of conception has no bearing on citizenship

              Comment


              • #8
                It's a little hard to prove "place of conception" - there usually aren't many witnesses

                Comment


                • #9
                  Originally posted by Flydog View Post
                  It's a little hard to prove "place of conception" - there usually aren't many witnesses
                  well.... both the mother and father have physically been stationed inside
                  the US(NYC) for 2 and half years prior to the baby's birth....

                  Comment


                  • #10
                    Is it possible that you are working at the UN and not on the blue list?

                    Comment


                    • #11
                      Is the blue list the deciding factor as to whether your parents had diplomatic immunity or not?? Where can you get a hold of the Blue list from??

                      Comment


                      • #12
                        OP's post is from 2007. Don't expect an answer from him.
                        Last edited by Bobsmyth; 21st January 2010, 12:41 AM.
                        Sent N-400 7/28/07
                        PD 7/27/07
                        Check cashed 12/5/07
                        NOA 12/7/07
                        FP notice 1/4/08 (received 1/10/08 )
                        FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
                        IL: 6/10/08
                        ID: 8/28/08 (Durham DO) Passed!
                        OL: 9/23/08
                        OD: 10/06/08
                        PP: 10/21/08 (applied)
                        PP: 11/1/08 (received)
                        ------------------------------------------

                        ------------------------------------
                        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                        Comment


                        • #13
                          Folks this is a very interesting subject. If child is born in USA, she or has Birth Certificate and based on which he/she apply for SSN with no issue at all (in fact, hospital will do this automatically). It will be hard to stop US born child to get US passport.....I assume child has a special status if he/she does not get a USC....i assume this legal status is somewher between GC and USC......
                          09/21/2009. Mailed N-400
                          09/22/2009. N-400 Received - Priority Date
                          09/23/2009. NOA
                          09/24/2009. Checks cleared
                          09/28/2009. FP Notice
                          10/20/2009 FP Complete
                          11/24/2009 -Status change. Case is transferred to a local office for an interview
                          11/28/2009- Interview letter
                          01/14/2010 - Interview Date
                          01/22/2010 -OATH....US CITIZEN!
                          01/25/2010- Appointment at Passport Agency
                          01/27/2010- Passport Collected

                          Comment


                          • #14
                            Originally posted by DreamUSA View Post
                            Folks this is a very interesting subject. If child is born in USA, she or has Birth Certificate and based on which he/she apply for SSN with no issue at all (in fact, hospital will do this automatically). It will be hard to stop US born child to get US passport.....I assume child has a special status if he/she does not get a USC....i assume this legal status is somewher between GC and USC......
                            Department of State is supposed to have a list of children born in USA to certain type of diplomats of foreign countries. So they
                            should prevent such people from getting a US passport because they are not US citizens
                            But I do see it is too hard for Dpet of State to really track on such childrens. Hospital never ask women in labor to
                            prove they are not diploamts and then forwatd names of such new born babies to Depart of State.

                            Department of State is also supposed to keep a list of US born citizens who renounced their citizenship.
                            These people should still have their birth certificate. But if they use their birther certificate to
                            apply for US passport, department of state is suppsoed to check that name list.

                            But it is easy for above two kinds of persons to just use their birth certificate to establush work eligibitlity. I see
                            current procedures can not prevent them from doing this. But there are not many such people therefore it is not worthy
                            of making much efforts to prevent them anyway
                            03/25/2009 - N400 sent
                            04/28/2009 - FP
                            05/15/2009 - IL received but interview was descheduled three times over a 7 month period
                            01/07/2010 - The USCIS interview receptionist called by phone for interview appointment next tuesday
                            01/12/2010 - Interview (20 min - decision can not be made)
                            02/06/2010 - Oath letter received
                            02/24/2010 - Oath
                            03/04/2010 - Passport application
                            03/24/2010 - passport book received
                            03/26/2010 - passport card received & certificate returned

                            Comment


                            • #15
                              my friend is working at the UN, and he is from india, he still holds the indian passport. His kids were born here, are his kids american citizens?
                              -----------------------
                              New York City
                              -----------------------

                              -------------------------------------------
                              with best of intentions - Sree

                              Comment


                              • #16
                                Originally posted by WBH View Post
                                Department of State is supposed to have a list of children born in USA to certain type of diplomats of foreign countries. So they
                                should prevent such people from getting a US passport because they are not US citizens
                                But I do see it is too hard for Dpet of State to really track on such childrens. Hospital never ask women in labor to
                                prove they are not diploamts and then forwatd names of such new born babies to Depart of State.

                                Department of State is also supposed to keep a list of US born citizens who renounced their citizenship.
                                These people should still have their birth certificate. But if they use their birther certificate to
                                apply for US passport, department of state is suppsoed to check that name list.

                                But it is easy for above two kinds of persons to just use their birth certificate to establush work eligibitlity. I see
                                current procedures can not prevent them from doing this. But there are not many such people therefore it is not worthy
                                of making much efforts to prevent them anyway
                                Yep.well said...I wonder what is their legal status is....let us assume they follow the rules or Dept of State does not allow them to become USC...They are some form of US National ?. I assume when they grow up ...they can easily apply for USC or claim USC.
                                09/21/2009. Mailed N-400
                                09/22/2009. N-400 Received - Priority Date
                                09/23/2009. NOA
                                09/24/2009. Checks cleared
                                09/28/2009. FP Notice
                                10/20/2009 FP Complete
                                11/24/2009 -Status change. Case is transferred to a local office for an interview
                                11/28/2009- Interview letter
                                01/14/2010 - Interview Date
                                01/22/2010 -OATH....US CITIZEN!
                                01/25/2010- Appointment at Passport Agency
                                01/27/2010- Passport Collected

                                Comment


                                • #17
                                  Originally posted by mooneytoon View Post
                                  Is the blue list the deciding factor as to whether your parents had diplomatic immunity or not?? Where can you get a hold of the Blue list from??
                                  I think this is the list: http://www.state.gov/s/cpr/rls/dpl/

                                  N-400 timeline
                                  DO : San Jose
                                  11/28/2006 : Mailed
                                  12/04/2006 : PD (and Receive Date)
                                  12/05/2006 : Check cashed
                                  12/11/2006 : Notice Date (Received on the 14th)
                                  12/22/2006 : FP ND
                                  01/09/2007 : FP Appt
                                  12/29/2006 : FP Done. Walk-In
                                  07/17/2007 : Interview (ND May 17)
                                  08/22/2007 : Oath (Received Jul 26, issued on the 23d, mailed on 24th)
                                  08/23/2007 : Applied N-600 and Expedited Passport
                                  09/06/2007 : Passport received
                                  08/20/2008 : Sent N-565 (Approved Feb 17, 2009)

                                  Comment


                                  • #18
                                    Originally posted by sreeleshk View Post
                                    my friend is working at the UN, and he is from india, he still holds the indian passport. His kids were born here, are his kids american citizens?
                                    If he and the children's mother have diplomatic immunity, his kids would not be US citizens. Not everybody who works at the UN has diplomatic immunity.

                                    It gets more fuzzy if just one parent has immunity and the other doesn't.

                                    EB3 ROW I-485 Approved: July 2007
                                    USC: July 2013
                                    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                    Comment


                                    • #19
                                      Originally posted by Huracan View Post
                                      Here is an interesting list for your consumption with a good section on diplomats:
                                      http://foia.state.gov/masterdocs/07fam/07m1110.pdf
                                      Broken link.

                                      EB3 ROW I-485 Approved: July 2007
                                      USC: July 2013
                                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                      Comment


                                      • #20
                                        Originally posted by DreamUSA View Post
                                        Yep.well said...I wonder what is their legal status is....let us assume they follow the rules or Dept of State does not allow them to become USC...They are some form of US National ?. I assume when they grow up ...they can easily apply for USC or claim USC.
                                        Only people born in two American territories are US non-citizen nationals
                                        03/25/2009 - N400 sent
                                        04/28/2009 - FP
                                        05/15/2009 - IL received but interview was descheduled three times over a 7 month period
                                        01/07/2010 - The USCIS interview receptionist called by phone for interview appointment next tuesday
                                        01/12/2010 - Interview (20 min - decision can not be made)
                                        02/06/2010 - Oath letter received
                                        02/24/2010 - Oath
                                        03/04/2010 - Passport application
                                        03/24/2010 - passport book received
                                        03/26/2010 - passport card received & certificate returned

                                        Comment

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