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Anyone born outside the US, if at least one parent is a US citizen and certain residency or physical presence requirements were fulfilled by the citizen parent or parents prior to the child's birth; otherwise, the child is the citizen of the country he/she was born in.
Under certain conditions, children born outside the US may have US citizenship by birth. This depends on whether one or both parents have US citizenship, how long (if at all) the American parent(s) lived in the US prior to the child's birth, and whether the parents were married to each other or not. The rules have changed several times during the 20th century (mostly in a more liberal direction), so the exact date of one's birth can also be important when determining a claim to citizenship by descent.

If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn't meet the requirement.

If a non-US-born child's parents are not married, the child's claim to US citizenship depends on whether the American parent is the mother or the father. Section 309 of the INA [8 USC § 1409] grants US citizenship at birth to an "illegitimate" child if his/her American mother had previously spent at least one continuous full year in the US. If the child's American parent is his/her father, however, the child has US citizenship at birth only if the father's paternity is formally established and the father agrees in writing to support the child financially. This sex-based disparity was upheld by the Supreme Court in 2001

The mother of the child is not a citizen unless she marries the father who is a citizen. And even then they must be married for at least 2 years.

2006-07-07 18:41:55 · answer #1 · answered by yiqqahah 4 · 3 0

If the baby is born in another country you can specify at birth what nationality you want it to be (American, Thai, or dual). The woman is whatever nationality she was before the birth - that doesn't really change her nationality.

2006-07-08 02:25:26 · answer #2 · answered by Tygirljojo 4 · 0 0

No, the baby will be a citizen of wherever it's born. The woman will also remain a citizen of the country she's in, but now her baby will have a deadbeat dad who ran out on her.

2006-07-08 01:35:19 · answer #3 · answered by NannyMcPhee 5 · 0 0

The baby's nationality will be determined by the parents, not the location of conception. It'd be cool, though, for an Hispanic couple to do it in Canada and see if the baby turns out white.

2006-07-08 01:35:15 · answer #4 · answered by Anonymous · 0 0

If you are planning to recognize the baby as yours (which I'm guessing you will) then you can choose if you want your baby to be American or from the other country (where the girl is from) or both.

2006-07-08 09:13:43 · answer #5 · answered by iz 2 · 0 0

If you are married to the woman, then the baby has dual citizenship. Even if you are married, the woman does not have American Citizenship.

2006-07-08 02:55:24 · answer #6 · answered by BRICK 2 · 0 0

yeah. why would you perpetuate the stereotype of the ugly american by (A) having indiscriminate sex with someone and (b) then deny the existence of any children coming from that union?

2006-07-08 01:34:57 · answer #7 · answered by blkrose65 5 · 0 0

if the baby is born in another country it will be a duel citizen...of U.S. and where ever u r!

2006-07-08 01:35:01 · answer #8 · answered by thundakat312 4 · 0 0

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