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

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TwoScoops

New Member
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!
 
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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...
 
That is correct - children born to foreign government officials on assignment in the US do not gain citizenship through birth.
 
That's why the "under the jurisidiction of the United States" clause in the 14th amendment is there.
 
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
 
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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.
 
TwoScoops said:
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!
Click to expand...

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.
Click to expand...

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
Click to expand...

To the best of my knowledge place of conception has no bearing on citizenship :)
 
It's a little hard to prove "place of conception" - there usually aren't many witnesses :)
 
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??
 
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......
 
DreamUSA said:
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......
Click to expand...

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
 
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?
 
WBH said:
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
Click to expand...

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.
 
sreeleshk said:
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?
Click to expand...
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.
 
DreamUSA said:
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.
Click to expand...

Only people born in two American territories are US non-citizen nationals
 
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