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Filed: Timeline
Posted

Hi all:

This is a question regarding a child who is born in U.S but the mother and the father are concern what her nationality is???? So the story is that the mother of the child is a Canadian citizen who lives and studies in U.S (she pays for her studies and all her paperwork is complete). The father is U.S permanent resident. The couple are not married they are just girlfriend and boyfriend. What is the child’s Nationality?

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Nationality and citizenship are not always the same.

The child is definitely a US citizen, It may also be a Canadian citizen and a citizen of the dad's country of citizrnship, depending on those countries' rules.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

The child is a US citizen. If the mother is just here as a student the child is more than likely also a Canadian citizen. Without knowing the father's nationality it's impossible to say if the child shares citizenship with the father as well.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

If the child has a birth certificate, born in the USA, well not exactly, a city, county, town, etc. that is in the USA, is an US citizen by birth regardless of the marriage status or heritage of the parents, whether here legally or not. Doesn't even have to conceived in the USA, just born here.

Almost completely contrary to natural born US citizens conceiving here, but having a kid born in a foreign country. Yes still a US citizen but with extra paper work involved. Really don't know if a kid like that has to live with a US passport born in a foreign country. Wonder who makes these laws.

Kids born here from visitors or not natural born or naturalized US highly depends on the laws of their home country, that get complicated to keep track of all 201 of them.

Filed: Citizen (apr) Country: India
Timeline
Posted

I believe once the child is born in US acquires the US Citizenship. At the age of 18 they can decide if they want to obtain citizenship of parents country depending upon the laws of that country. My questions would be how do you include the child in the passport? Get a US passport ( I guess that is not possible at least till they reach certain age ) or include in parents passport. If parents are citizens of 2 different countries does the child has to be listed in both parents passports so their respective countries grant benefits.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

How many threads are you going to start to ask the same question? Multiple posters gave you the correct answer; a child born in the US is a US citizen. You asked for authority on the matter, and I gave you the information from the USCIS website and the US Federal Code. What more do you want?

http://www.visajourney.com/forums/topic/360323-canadian-student-in-usa/page__p__5261478#entry5261478

Edited by aaron2020
Filed: Timeline
Posted

If the child has a birth certificate, born in the USA, well not exactly, a city, county, town, etc. that is in the USA, is an US citizen by birth regardless of the marriage status or heritage of the parents, whether here legally or not. Doesn't even have to conceived in the USA, just born here.

Almost completely contrary to natural born US citizens conceiving here, but having a kid born in a foreign country. Yes still a US citizen but with extra paper work involved. Really don't know if a kid like that has to live with a US passport born in a foreign country. Wonder who makes these laws.

Kids born here from visitors or not natural born or naturalized US highly depends on the laws of their home country, that get complicated to keep track of all 201 of them.

Thanks All!

Filed: Other Timeline
Posted

Aaron,

you should have pointed them to the 14th Amendment of the Constitution of the United States.

That said, I have a serious problem grasping that jus soli is such a complicated subject to understand for . . . um . . . some people. They should have said it in more simple words, like: "you born in America, you born American."

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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