Canadian student in USA

[sonyah 0]

Hi,

This is a question about a Canadian citizen who is a student in US and gives birth to a child in US, the father of this child is a US Permanent Resident. The question is, What would be the status of this child – A Canadian or An American?

Thanks.

[aaron2020 11,651]

Hi,

This is a question about a Canadian citizen who is a student in US and gives birth to a child in US, the father of this child is a US Permanent Resident. The question is, What would be the status of this child – A Canadian or An American?

Thanks.

As far as the US government is concerned, the child is a US citizen because the child was born on US soil. Even a child born in the US to illegal alien parents is a US citizen because the child was born on US soil. A certified copy of the birth certificate from the county recorder is sufficient to prove US citizenship. You can even apply for a US passport for the child.

As far as Canadian citizenship, the child probably has that too based on having a Canadian parent. You should check with the Canadian Embassy/Consulate near you to register the child as a Canadian citizen.

[sonyah 0]

As far as the US government is concerned, the child is a US citizen because the child was born on US soil. Even a child born in the US to illegal alien parents is a US citizen because the child was born on US soil. A certified copy of the birth certificate from the county recorder is sufficient to prove US citizenship. You can even apply for a US passport for the child.

As far as Canadian citizenship, the child probably has that too based on having a Canadian parent. You should check with the Canadian Embassy/Consulate near you to register the child as a Canadian citizen.

The child has not born to an illegal alien. The father is U.S permanent resident and the mother is legally living in the United States and is a legal student.

Can someone please add some more information here preferably with some links from an authenticated source?

Thanks!

[LIFE'SJOURNEY 970]

What source do you need, any person born on US soil, is automatic a US citizen. This is the one flaw we have here in the US, where this flaw doesn't exist in other countries.

You could google for the fact youself. Plus if one of them are a student in any certified US, then go to the history dept and get the fact finding information.

Edited March 31, 2012 by LIFE'SJOURNEY

[canadian_wife 1,823]

Technically the child is both

The child has claims to US citizenship due to the fact he/she was born on US soil

The child has claims to Canadian citizenship though maternal lines

Keep in mind, having a USC child does nothing for your status in the US. If you plan on moving back to Canada, then file for the child's citizenship in Canada

Good luck

[aaron2020 11,651]

The child has not born to an illegal alien. The father is U.S permanent resident and the mother is legally living in the United States and is a legal student.

Can someone please add some more information here preferably with some links from an authenticated source?

Thanks!

Please reread my post. I never said your child as born to an illegal alien. My point is that being born in the US makes the child a US citizen, and that the parents' citizenship and legal status in the US are irrelevant.

If you want a source - here they are (A person is subject to the US jurisdiction by virtue of physically being in the US.);

From the USCIS website - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD

Citizenship

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To become a citizen at birth, you must:

Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR

had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

From the US Federal Codes & Regulations - http://www.law.cornell.edu/uscode/text/8/1401

8 USC § 1401 - Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

Edited March 31, 2012 by aaron2020

[sonyah 0]

Please reread my post. I never said your child as born to an illegal alien. My point is that being born in the US makes the child a US citizen, and that the parents' citizenship and legal status in the US are irrelevant.

If you want a source - here they are (A person is subject to the US jurisdiction by virtue of physically being in the US.);

From the USCIS website - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD

Citizenship

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

To become a citizen at birth, you must:

Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR

had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

From the US Federal Codes & Regulations - http://www.law.cornell.edu/uscode/text/8/1401

8 USC § 1401 - Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

Thank you all...

[NancyNguyen 1,657]

Fourteenth Amendment to the United States Constitution: "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."

[villaspurs 65]

This may not be relevant for the people the OP is writing about, but the child's citizenship won't allow the mother to stay in the U.S. after her student work is completed. Babies can't sponsor their parents (or anyone). Once the child is an adult, then he or she could sponsor the mother, but for now in terms of these folks and family-based immigration there isn't much to be done based on the child's citizenship. Again, this may not be relevant--the mother may plan to move back to Canada, they may plan to be married, she may have a company sponsor her visa, etc.--but I thought it might be useful information.