Question about citizenship status of a child born in US

L

lamborghini

Registered Users (C)
All,

this is probably not the place for this question, but I am sure there are some among us who have recently had children born - I am requesting them to share some info here.

If someone were on a H1/H4/F1/F4/B1/B2 ect and were to have a child born here, is that child a US citizen (still??)

- I read up on the right of "jus soli"..

here is a somewhat relevant extract

"The English common law rule, under which a person's citizenship was determined by the place of his birth, was known as jus soli. The United States generally follows this rule. Authority for this rule is found in the Fourteenth Amendment to the U.S. Constitution, which states that: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The Supreme Court endorsed the universality of this rule in U.S. v. Wong Kim Ark 169 U.S. 649, 18 S. Ct. 4561142 L. Ed. 890 (1898). The constitutional rule of jus soli has been construed generously and almost always has endowed all persons born in the United States with United States citizenship.

In 1898, the US Supreme Court ruled that a child born in San Francisco to Chinese parents who could not become citizens themselves was automatically a US citizen.
"

so here is my question - is it still the same post 9/11. Did anyone on H1 visa have a child born recently that was given a US passport based on a US birth certificate - even though neither parent was a US citizen..

How soon after the child is born can you get the Passport in hand??

for those who think these are stupid questions... please humor me this one time.

if there is a thread that discuss this in great lenght, please point me to it.. I will be happy to do the reading and not bother with our good samaritans here typing the answer out again

thanks so much (in advance)
- Lamborghini
 
Everyone born in the US is a US citizen regardless of parents immigration status (legal or illegal). Only exception is US born children of foreign diplomats stationed in US do not automatically become US citizens. This is the law and has it has not changed.
 
We had a daughter in Nov'01 and she has a US passport. It is really the parents choice if the child has to be a US citizen or not. One can always apply for Indian citizenship at the Indian consulate if the parents have Indian passports.

In Nov'01 I was on H1(now on AOS). We are Indian citizens and hold Indian passports. I took my daughters passport within 2 months of her birth. I know people who did it sooner.
 
I'm on a H1 and my daughter who was born in August had an American Passport by October. She is a US citizen but can always claim our citizen ship at any time - much easier to do that than the other way around.
 
lamborghini

Hello, long time no see :)

to answer your query , like the others have pointed out, children born in the US are automatically US citizens exceptions excluded. I was in AOS pending status when my daughter was born. The birth certificate takes about 6 weeks from birth to arrive from the county office. So after that you could apply for the passport which for extra charges could be expedited too to be able to get it in 2-5 days time. And from what I have heard from my friends in case you wish to have a passport before the birth certificate arrives , there is a emergency procedure too.
 
thank you!

For those who replied to this question - thank you folks! deeply indebted. I stopped by the Courthouse in MA (it's in Boston in the Post office square). The passport office was downstairs so i stopped by... collected some of the passport forms - amazing how easy it is to get acces to information/forms etc in this country. I remember the time it took me to get my indian passport (in high school) - it was forever!!!!

If anyone has any more info and would like to share - would be delighted.

If wondering why, I am doing all this research for my "soon to be arriving" nephew.. Me is still single. Still waiting for Scotgirl :) BTW does she hang out here anymore??

For phoaupkari :) hey there!

how'z it going? yeah I took like a 6 month hiatus from this board after GC got approved (Approved Oct 17th.. for those interested my case was RD Sept 12, 2001).

Changed job function within the same company last week (moved to a different department).. am getting clobbered at work now... but hey i asked for it. i was really bored doing what I had been doing for 4 years pre GC.

Hang in there.. Dec approvals are coming soon! keep up the faith.
Thanks for mentioning the Birth certificate lag.. i hadn't thought of that.. i thought you could get the birth certificate in like a day or two.

Need to start surfing this board again.. every now and then.. maybe will bump into old names.

cheers
 
Mr GC Holder (Semi Indian??)

I remember the time it took me to get my indian passport (in high school) - it was forever!!!!


You would never have been here in first place but for your school or country .

You are one of the guys" who burns the boat once he crosses the River'"
 
Last edited by a moderator:
thank you svss for your kind words

all i was trying to say was that the time and effort it took me to get my passport was a little too much - it was tedious and cumbersome.. there were so many police checks and affidavits involved that it wasn't very funny - and this for a minor (as I was a minor at that time) who was the son of an Indian army officer.. like what was with that!!!!!!!!! My dad was pissed like hell.

Talking to the guy at the Boston Passport office, and seeing the passport application (which i have right here) it is a "much easier process" ..

maybe you will see this when you need to get your child's passport.

good luck with everythin'
 
Well ...

My Child has a US passport ....


If you dont compare apples and Oranges its good always............
 
I guess it is wrong statement that parents can decide.

correct me if i am wron. if u have US born child to foriegn citizens cannot be claimed as parents citizenship. It is her or his choice when they attain 18 of age.

Correct if i am wrong

Thanks
 
Originally posted by canus_immi
I guess it is wrong statement that parents can decide.

correct me if i am wron. if u have US born child to foriegn citizens cannot be claimed as parents citizenship. It is her or his choice when they attain 18 of age.

Correct if i am wrong

Thanks
Click to expand...

US born children automatically become US citizens. They can however choose to relinquish US citizenship and take up citizenship of another country after age 18.
I think it is also possible for parents to apply for a non-US passport for their children. In that case the child can apply for US citizenship after he/she is 18.
Having a US born child offers NO benefits in the matter of immigration until the child is 18. After that, the child can sponsor parents (provided the child has lived in US for a period of time (I forget what that period is).
 
All children born in US becomes US citizens automatically, except that of diplomats. However, the child can choose whether he want's to continue as a US citisen or become a citizen of his/her parents home country, when he turns 18.

Bob
 
You must log in or register to reply here.
Top