Methods of Obtaining Citizenship (1) Birth within the United States

There are four ways to obtain Citizenship: By Birth in the United States or its territories, by Birth outside the U.S. to a U.S. Parent, by naturalization, or by naturalization of a parent while the child is under (18) eighteen years of age. …

“The first category Citizenship at Birth (jus soli) occurs where the person is born in the United States and Subject to its jurisdiction automatically acquire citizenship. INA sec. 301(a).  …

The words “subject to the jurisdiction thereof” provide for exceptions to the general rule of jus soli or citizenship at birth within the dominion. For example, children born in the United States to parents in the diplomatic service of the French government are subject to the jurisdiction of the French Republic, not that of the United States. The Physical fact of birth in the United States does not alone confer citizenship. In re Thenault (D.D.C. 1942).” Immigration Law and Procedure, 5th edition ,Thomson West, 2005  p 404-6

b. Birth in the Territories of United States… to be continued in later posts if interest is there…. Mike

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Editors Note – update: 3-13-2011 comment made by practitioner in the area of Immigration Procedure:

“There are a couple of “caveats’ to your descriptions,:
1.  Expedited naturalization can also be obtained by Active Duty in U.S. military (in less than the 3 or 5 years normally required or legal residency before eligibility).
2.  Children of foreign nationals with diplomatic status are excluded from the usual “citizenship by birth in the U.S.”  I believe, however, that this is a gray area of eligibility, in that many such children are recognized as U.S. citizens by mere possession of their U.S. birth certificates, if no reference is made to diplomatic status of parent(s).”… TY for the comments made via email.  Mike

 

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