35
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
Yes, the Fourteenth Amendment makes a person born on U.S. soil a U.S. citizen at the moment of birth.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, ...
- 57.2k
19
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
Not a loophole but the intent of the constitution.
Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the ...
- 12.1k
13
votes
Accepted
What is a sure shot way of proving citizenship of India?
What are the documents or paperwork which can prove someone is an Indian citizen?
As is often the case, it depends on the context: who is seeking to prove the person's Indian citizenship? For what ...
- 35.1k
11
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
Yes, children born in the territory of the United States automatically become U.S. citizens by the 14th Amendment.
It is not a "loophole" in that, while the child is a U.S. citizen, their ...
- 211
8
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
Unfortunately yes. My daughter did not have the choice and became a citizen of this country. Now 30 years later she has lots of problems because of that citizenship. There is an association called ...
- 121
7
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
That all those born in the US having citizenship being a constitutional right is generally based on the Fourteenth Amendment, which says "All persons born or naturalized in the United States, and ...
- 5,509
4
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
IANAL, and this has already been well answered legally, but I wanted to give a personal example for historical context.
My aunt's parents emigrated to the U.S. from Italy in 1934, having delivered ...
- 257
4
votes
Accepted
How do I find out if I still have citizenship in a country (Romania)?
If you simply moved to the US, nothing more, then nothing would have disturbed your Romanian citizenship. Even if you became a US citizen and officially renounced your Romanian citizenship, under the ...
- 210k
4
votes
Does 8 USC §1409(a) grant citizenship or take away citizenship?
Constitutionally, a person is only required to be granted U.S. citizenship if they are born in the United States. Any other form of citizenship is as provided by statute. So, 8 U.S.C. § 1409 makes ...
- 194k
3
votes
Has anyone lost American citizenship after obtaining a second nationality due to 8 USC 1481?
But is it actually enforced?
No. The State Department presumes that anyone naturalizing in a foreign country or swearing an oath does so without the requisite intent to relinquish their US ...
- 35.1k
3
votes
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
It seems worth mentioning that birthright citizenship in the United States is part of the aftermath of the Civil War of 1861–1865. Part of the outcome of the war was the abolition of slavery. Earlier ...
- 2,770
2
votes
Has anyone lost American citizenship after obtaining a second nationality due to 8 USC 1481?
As other answers have noted, since 1990, the Department of State has had an administrative presumption that applies to some (but not all) of the potentially expatriating acts. It applies to 8 USC 1481(...
- 2,222
1
vote
Accepted
What legal document is the reference for periods of residency needed for obtaining Spanish citizenship?
The government website itself sets out the legal basis at the bottom, specifically, the Civil Code and the Royal Decree 1004/2015 of 6 November approving the Regulation governing the procedure for ...
- 5,786
1
vote
Accepted
Multiple *jus soli*
This would require that a country grant jus soli to an area outside its control, which often involves a territorial dispute, as Nate Eldredge's comment mentioned. Many territorial disputes are over ...
- 2,222
1
vote
Has anyone lost American citizenship after obtaining a second nationality due to 8 USC 1481?
There is no evidence regarding actual legal enforcement. The statutory bar has raised over the years, owing to various Supreme Court rulings, whereby a person must voluntarily and intentionally ...
- 210k
1
vote
What is a sure shot way of proving citizenship of India?
The Indian citizenship law states that (emphasis mine)
Indian citizenship can be acquired by birth, descent, registration and
naturalization. The conditions and procedure for acquisition of Indian
...
- 111
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