It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Previously, children born to U.S. citizen parents were considered to be "residing in the United States," and therefore would be automatically given citizenship under Immigration and Nationality Act 320. Now, children born to U.S. service members and government employees, such as those born in U.S. military hospitals or diplomatic facilities, will not be considered as residing in the U.S., changing the way that they potentially receive citizenship.
originally posted by: TerryMcGuire
There must be something off about this, this can’t be true. I just can’t believe this is true. There must be some mistake here. I’m just stumped completely stumped this this is ignoranta reply to: JAGStorm
Reason for the Policy Update We are updating this policy because it conflicts with the definition of “residence” in the INA and also with INA 322(d), which was enacted in 2008 after this policy was instituted, and refers to children who are residing abroad with members of the armed forces of the United States as “residing outside of the United States.” In addition, the previous guidance conflicts with Department of State guidance. Having conflicting policies can lead to inconsistent decisions on citizenship claims by USCIS and the Department of State and can cause confusion as to the date children of U.S. service members and government employees stationed abroad become U.S. citizens.
Who This Policy Update Affects
or one non-U.S. citizen parent and one U.S. citizen parent who does not meet these requirements).
"This only affects children who were born outside the United States and were not U.S. citizens. This does NOT impact birthright citizenship. This policy update does not deny citizenship to the children of US government employees or members of the military born abroad,"
(d) Children of Armed Forces members In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member- (1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States; (2) subsection (a)(5) shall not apply; and (3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1443a of this title.
originally posted by: Sublimecraft
a reply to: JAGStorm
I think we're dealing with a fluid situation atm where the correct interpretation of the new law will become apparent in the coming days.
The way I see it is that 2 US service members who conceive a child whilst deployed on foreign soil will result in the child automatically being granted US citizenship and 2 US service members who adopt a child whilst deployed on foreign soil will result in that child NOT automatically getting US citizenship. How citizenship is eventually granted once the 2 service members return to the US is vague and needs clarification.
Ken Cuccinelli, Acting Director of USCIS, said in a statement that "this policy update does not affect who is born a U.S. citizen, period."
"This only affects children who were born outside the United States and were not U.S. citizens. This does NOT impact birthright citizenship. This policy update does not deny citizenship to the children of US government employees or members of the military born abroad
What about kids that have one citizen parent and one non-citizen etc.