An american or not?

Question

My friend is in the united states and is pregnant with the husband but both of them are not citizens of the US. Now she is telling me that if she gives birth in the US the her kid automatically becames a citizen is this true. And both my friend and the husband have student visa.

Answer 1

The child would be a US citizen. This is a big matter of contention because this anchor child is under 18, the parents could not be deported

Answer 2

Yes, any child born in the USA, regardless of parental citizenship, automatically becomes a citizen. It's based on the Fourteenth Amendment to the US Constition:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Answer 3

Yes, anyone born in the US is automatically a US citizen. The parents are not, however.

The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Answer 4

The people like this Megan Don't know anything. Here:
Why do all the pro illegals think that children are granted citizenship?
US Supreme Court stated in 1982 they "had never confirmed birthright citizenship for the children of illegal aliens."

By far the most relevant Supreme Court ruling on the subject to date, and indeed, fully supported by the Fourteenth Amendment itself came in Elk v. Wilkins 112 U.S. 94 (1884), where the court held that the phrase "subject to the jurisdiction "requires "direct and immediate allegiance" to the United States, not just physical presence.

Source(s):
http://www.freerepublic.com

Answer 5

Yes, but only because of a misinterpretation of the constitution. The Supreme Court rightfully referred to slaves in first decision regarding the definition of "jurisdiction". Now illegal aliens are abusing a loophole in the law. The writers of the 14th Amendment would have closed the loophole if they knew the 14th Amendment would be misconstrued to benefit Mexicans. There was still resentment towards Mexico at the time the amendment was written. It was written just 20 years after the U.S./Mexican War.

In a later ruling about aliens, the Supreme Court said to qualify a child for citizenship, the parents must be 'completely subject' to the jurisdiction of the United States and must have “direct and immediate” allegiance to the United States.

"Supreme Court: "The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards, except by being naturalized, either individually, as by proceedings under the naturalization acts; or collectively, as by the force of a treaty by which foreign territory is acquired"

http://laws.lp.findlaw.com/getcase/us/112/94.html

The issue needs to clarified by congress.

Answer 6

I believe that's correct, the child will have citizenship if born here. Your friend and her husband have visa's but many illegals have children here as well, those children are considered citizens aka 'anchor babies' because they were born here although the parents are not citizens. Poses a major problem.

Answer 7

JH is wrong. If the child is born in the United States, the child is a citizen, end of story. No applying when he or she is 18 is needed.

Answer 8

Yes....the child will become a citizen if born on US soil, but the parents will not.

Answer 9

If the child is born in the USA then the child is American. The parents will have to go back to their country and then apply for citizenship to become American.

Answer 10

If the child is born here yes it would be a USA citizen.