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
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