Understanding Birthright Citizenship for Non-US Citizens and Their Children
Have you ever wondered if non-US citizens can apply for citizenship and if their children automatically become citizens? This article aims to clarify these intricacies, focusing on the legal principles and requirements in the United States.
Can Non-US Citizens Apply for Citizenship and Have Their Children Automatically Become Citizens?
While never took Civics in school, it's important to understand that the answer can be both yes and no, depending on the circumstances.
Yes, but with Complications
The short answer is yes, non-US citizens can have their children automatically become citizens without applying for them. However, this can be complex, especially given political influences. As we see from the 14th Amendment and the US Constitution, citizenship is often determined by birthplace and parentage.
Can a Parent Deny Citizenship to Their Child?
No, a parent cannot deny citizenship to their child. If a non-citizen parent does not want the child to be a citizen, the mother must have left the United States before the child's birth. Once the birth happens in the US, the child becomes a citizen regardless of the parents' actions.
Is It Possible to Deny Citizenship Based on Place of Birth?
No, the place of birth is the only factor that determines citizenship. There isn't any text within the so called “birthright citizenship” in the Constitution that supports jus soli (citizenship based on soil).
Understanding Jus Soli and Jus Sanguinis
The U.S. birthright citizenship is a blend of two concepts: jus soli and jus sanguinis.
Jus soli means that children born on U.S. soil are citizens, regardless of the parents' citizenship status. There are exceptions, such as children of foreign diplomats. Jus sanguinis grants citizenship based on parentage. Children of U.S. military, missionaries, or diplomats overseas are considered citizens.How Is Citizenship Established?
Children are automatically eligible for citizenship if they are born in the United States, regardless of the citizenship status of their parents. The process of obtaining citizenship is simple: you need to apply for a birth certificate. This is typically a straightforward procedure initiated by the hospital or birthing facility.
For instance, when my second child was born, we received a birth certificate a few weeks later in the mail. This step can be a formality for the parents, but it's crucial for establishing the child's legal status.
Child Citizenship Act and Naturalization
For naturalization, if a parent meets all requirements, minor children (those who are not yet adults) can automatically become citizens as well. This provision is part of the Child Citizenship Act of 2000, which simplified the process for children of U.S. citizens born abroad.
Conclusion
In summary, non-US citizens can indeed have their children become U.S. citizens through birth or parentage. Understanding the concepts of jus soli and jus sanguinis is key to grasping the complexities and ensuring accurate application and receipt of citizenship status.