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

Discussion in 'US Citizenship' started by TwoScoops, Apr 6, 2007.

  1. TwoScoops

    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!
    Last edited by a moderator: Apr 6, 2007
  2. warlord

    warlord Registered Users (C)

    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...
  3. boatbod

    boatbod Registered Users (C)

    That is correct - children born to foreign government officials on assignment in the US do not gain citizenship through birth.
  4. Flydog

    Flydog Registered Users (C)

    That's why the "under the jurisidiction of the United States" clause in the 14th amendment is there.
  5. Huracan

    Huracan Registered Users (C)

    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 a moderator: Apr 6, 2007
  6. boatbod

    boatbod Registered Users (C)

    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.
  7. rogerkint

    rogerkint Registered Users (C)

    So if you are on the list....NO

    ALSO,

    To the best of my knowledge place of conception has no bearing on citizenship :)
  8. Flydog

    Flydog Registered Users (C)

    It's a little hard to prove "place of conception" - there usually aren't many witnesses :)
  9. TwoScoops

    TwoScoops New Member

    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.... :)
  10. mooneytoon

    mooneytoon New Member

    Is it possible that you are working at the UN and not on the blue list?
  11. mooneytoon

    mooneytoon New Member

    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??
  12. Bobsmyth

    Bobsmyth Volunteer Moderator

    OP's post is from 2007. Don't expect an answer from him.
    Last edited by a moderator: Jan 20, 2010
  13. DreamUSA

    DreamUSA Registered Users (C)

    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......
  14. WBH

    WBH Registered Users (C)

    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
  15. sreeleshk

    sreeleshk Registered Users (C)

    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?
  16. DreamUSA

    DreamUSA Registered Users (C)

    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.
  17. Huracan

    Huracan Registered Users (C)

    I think this is the list: http://www.state.gov/s/cpr/rls/dpl/
  18. Jackolantern

    Jackolantern Registered Users (C)

    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.
  19. Jackolantern

    Jackolantern Registered Users (C)

  20. WBH

    WBH Registered Users (C)

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

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