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New Policy: Some children born overseas to US Gov officials and Military no longer gain citizenship

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Filed: Citizen (apr) Country: Ecuador
Timeline

Another case of read first, understand, then react.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Philippines
Timeline
On 8/29/2019 at 6:29 AM, missileman said:

I don't see this new policy as affecting very many people per year........but it is, imo, a precursor to something much, much bigger (birthright citizenship)

Prior to the 14th Amendment, people born here were citizens of their respective states.  The 14th Created a new class of citizens, State and United States citizens.  ( Courts ruled you can give up your US Citizenship, and still retain your state citizenship).  It also created citizenship for freed slaves and Native Americans where were born here and according to the writings of the debates etc of the 14th, it was never meant for people of other nations or dignitaries to come here, have a child and get instant citizenship for that child, and eventually chain migration. Accordingly, the law has been severely misinterpreted by courts.  This is what the Trump Administration is trying to correct.

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Filed: AOS (apr) Country: Uganda
Timeline
7 hours ago, Highmystic said:

Prior to the 14th Amendment, people born here were citizens of their respective states.  The 14th Created a new class of citizens, State and United States citizens.  ( Courts ruled you can give up your US Citizenship, and still retain your state citizenship).  It also created citizenship for freed slaves and Native Americans where were born here and according to the writings of the debates etc of the 14th, it was never meant for people of other nations or dignitaries to come here, have a child and get instant citizenship for that child, and eventually chain migration. Accordingly, the law has been severely misinterpreted by courts.  This is what the Trump Administration is trying to correct.

The wording is very clear on the 14th amendment on birthright citizenship all persons born in the US are US citizens except those not subject to its jurisdiction. The only class of people in the US not subject to its jurisdiction are diplomats.

 

It is a lie that the Trump Administration is trying correct something that is already correct.

 

 “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.” 

 

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Filed: K-1 Visa Country: Philippines
Timeline
12 hours ago, azblk said:

The wording is very clear on the 14th amendment on birthright citizenship all persons born in the US are US citizens except those not subject to its jurisdiction. The only class of people in the US not subject to its jurisdiction are diplomats.

 

It is a lie that the Trump Administration is trying correct something that is already correct.

 

 “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.” 

 

image.png.e400d21449d6152d7b3592e479b315f8.png

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2 minutes ago, Highmystic said:

image.png.e400d21449d6152d7b3592e479b315f8.png

Source for the quote above. https://www.wkyc.com/article/news/nation-world/verify-did-the-author-of-the-citizenship-clause-intend-to-leave-certain-people-out/95-610042411

 

We can VERIFY that the post, as written is correct. Sen. Howard did author the "Citizenship Clause" of the 14th Amendment, and when he presented it to Congress in 1866, he did say that statement.

It's important to note that while it’s possible the amendment’s original authors didn't intend for our current system of birthright citizenship, their intentions never made it into the text of the amendment.

The language as written in the Constitution is what courts have used to determine it's meaning over time and multiple court cases have set up a precedent of supporting birthright citizenship.

 

"Kim Ark was a United States citizen born to two Chinese immigrants living in the United States in the late 19th century. He left the country and was denied re-entry initially due to a law restricting Chinese immigration.

Kim Ark challenged the ruling and once at the Supreme Court, the Justices ruled that even though both his parents were foreigners, Kim Ark was born on U.S. soil and thus was a U.S. Citizen.

In summary,

 

  1. Yes, this viral post is accurate - that’s VERIFIED.

  2. What Senator Howard may have intended was never written in the Constitution.

  3. The actual text has already been interpreted to allow birthright citizenship in Wong Kim Ark’s case and more."

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Filed: AOS (apr) Country: Uganda
Timeline
59 minutes ago, Highmystic said:

image.png.e400d21449d6152d7b3592e479b315f8.png

What’s your point? families of ambassadors or foreign ministers ( in other words diplomats) do NOT get birthright citizenship. 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Please stop discussing the 14th Amendment, which is off the specific topic of this thread.

Further attempts will result in administrative action or thread closure.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Russia
Timeline
On ‎9‎/‎1‎/‎2019 at 10:37 PM, azblk said:

The wording is very clear on the 14th amendment on birthright citizenship all persons born in the US are US citizens except those not subject to its jurisdiction. The only class of people in the US not subject to its jurisdiction are diplomats.

 

It is a lie that the Trump Administration is trying correct something that is already correct.

 

 “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.” 

 

How does this relate to the topic at hand?  As the policy states, this only applies to children residing outside the US born outside the US to non-USCs or USCs that do not meet the residency requirements.  Don't see this as having any great impact on jus soli.

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: AOS (apr) Country: Uruguay
Timeline

Sound like I should do some major research on best medical/birth place for a kid in the future in the US to be safe. I heard a lot of issue that even in the US it's not the best place to give birth.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-...]

Spoiler

Filed Online: July 28, 2023NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.

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Filed: Citizen (apr) Country: Vietnam
Timeline

Outstanding place to have a birth if you have great insurance. Not so much if you have to pay 20k yourself.

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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