Typically, a child born in a foreign country with one U.S. citizen parent is entitled to American citizenship. Of course, Uncle Sam has set up more hoops in some situations than in others. Your local embassy or consulate is the best resource for answers about this bureaucratic circus.
And for those of you who think you aren’t affected by the information that follows, consider that you just may find be enjoying a nice overseas vacation when your new diaper-wearing traveling companion decides to join you.
First, let’s start off with a quick lesson on U.S. citizenship. America follows the English common law rule of “right of soil.” In short, citizenship is determined by one’s place of birth. As such, those born in the U.S. or its territories (like Puerto Rico, the Virgin Islands and Guam), are American citizens regardless of their parents’ citizenship status.
What you might not know is the borders for citizenship. Those born within U.S. ports and harbors or within 12 nautical miles of U.S. borders are also American citizens. Even babies born on planes flying over the U.S. or its territories acquire U.S. citizenship. The ship or plane’s country of origin makes no difference regarding citizenship.
However, U.S. installations in foreign countries are not considered part of the United States. So, delivering a baby at a U.S. naval base or embassy in a foreign country does not entitle the baby to U.S. citizenship.
Although the “citizenship by birth” rules have been complex, the February 2001 Child Citizenship Act (CCA) simplified the process. Now, a child who is under the age of 18, was born outside the U.S., and has at least one U.S. citizen parent automatically acquires U.S. citizenship upon entry into the country as an immigrant. No further paperwork is necessary. The parent may request a Certificate of Citizenship and U.S. Passport for the child if proof of the baby’s American-ness is desired.
But this process only applies to children permanently residing in the U.S. If the child is under 18, was born outside the United States, but lives abroad in the physical and legal custody of a U.S. citizen parent or U.S. citizen grandparent, the parent or grandparent must apply for naturalization of the child. In addition, more criteria must be met.
The U.S. citizen parent or grandparent must have been physically present in the U.S. for five years before the child’s birth, at least two of which were after age fourteen. Further, the child must be temporarily present in the U.S. for the naturalization process and to recite the oath of allegiance. Of course, if the child is too young to understand the oath, this requirement may be waived.
At this naturalization ceremony, the foreign-born, foreign-resident babies gain not only a certificate of citizenship but also membership into an exclusive club. The Constitution rules that only “natural born” citizens can hold our highest office, so it seems these new Americans won’t grow up to be President either. The regulations suggest parents who contemplate baby’s future run for the White House may want to consider permanent residence in the United States after the birth of little George or Hilary.
As with other areas of immigration and naturalization in this post-9/11 world, the guidelines change often. As such, these rules only apply to those children born on or after the effective date of the CCA. The law in place at the time of the child’s birth governs immigration, so research carefully.
If you are expecting a child abroad and want to be sure of your baby’s citizenship, check with your local embassy for the latest laws. In any case, you should register your child’s birth with the embassy as soon as possible as the first step in establishing your child’s claim to U.S. citizenship at birth.
Also, you’ll be on your way to making sure you and your child can wave the Stars and Stripes next Fourth of July, vote together when the little one is 18, and perhaps, if you’ve thought ahead, tread the campaign trail.
2007-02-26 09:09:07
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answer #1
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answered by Brite Tiger 6
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I believe anyone can run for the Presidency in this country. One of the things that makes it great. However, one cannot actually become president if they were not born here. Or were citizen at the time of the Drafting of the Constitution. I'm pretty sure it's Article Two of the Constitution...looking at some of the answers, the post regarding the child born of parents who are citizens of the u.s. residing in a foreign country is probably valid especially when those parents are in the service of their country...check that out.
2007-02-26 17:05:00
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answer #2
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answered by Anonymous
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There might have been a consititutional question had George Romney been elected in 1968. Romney, a liberal Republican (not a contradiction in terms in his day) had been President of American Motors Corporation (Romney, ahead of his time, introduced compact cars to America), a successful Michigan Governor and a serious contender for the Republican nomination for President of the United States in 1968. He had a good record on civil rights, especially admired for making low cost housing available in his state and for promoting racial integration. History might have been very different if he, not Richard Nixon, had been the Republican candidate in 1968.
2007-02-26 17:03:57
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answer #3
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answered by feralpundit 2
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You have to be born a Natural Born Citizen, as in both your parents are US citizens at the time of your birth. You must also have been living in the US as a resident for at least 14 years. You must be 35 years old or older to run for president.
2007-02-26 17:16:56
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answer #4
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answered by Anonymous
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The Connstitution does not require that someone be born in the US--it requires that they be born an American citizen. Since both his parents were US citizens, he was automatically born a citizen of the United States as well. the same would be true today. If, for example, a soldier is stationed in Germany and takes hi swife (or husband as the case may be) and they have a child who is born there, the child is a US citizen.
2007-02-26 17:03:01
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answer #5
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answered by Anonymous
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From a site I found called Think Quest:
"Could a person born abroad to parents who are U.S. citizens eligible to be President?
Yes. A child born of U.S. citizens anywhere in the world is considered a natural born U.S. citizen and is eligible."
2007-02-26 17:04:05
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answer #6
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answered by Team Chief 5
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No, they have to be citizens, not born in the US. There is a residency requirement as well, but not being born here. If I have a kid in Europe, and we come back here to live, he can still run for President (not that he should want to!)
2007-02-26 20:34:18
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answer #7
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answered by DAR 7
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Nothing in the Constitution prevents a foreign born citizen from RUNNING for President. While voters would be idiots to vote for that person as their candidate (since they legally cannot hold office) often people throw their hat in the ring not to win, but to help shape the debate and bring issues to the forefront. (Newt Gingrich for example in the upcoming election is highly unlikely to win, but he wants to bring the GOP back to its senses in regard to fiscal restraint and Constitutionalist ideals... same can be said with Steve Forbes in the 1996 election, who wished to bring the Flat Tax proposal to the forefront).
This of course is assuming that he was not a natural born citizen, which is probably not true since both his parents were natural born citizens. For example, if your parents were on vacation in Italy and you were born in an Italian hospital, this would not make you an Italian citizen, you would still be American. America is one of the few places that allows immigrants to claim citizenship of their children merely by crossing the border.
2007-02-26 17:07:12
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answer #8
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answered by futuregopprez 3
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A president doesn't have to be born in the US. He has to be a natural-born citizen. There's a difference. A natural-born citizen is one born in the US *OR* born overseas to citizens of the US. If your parents are citizens of the US, you could be born on Mars, and still claim US citizenship.
2007-02-26 17:01:58
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answer #9
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answered by Ralfcoder 7
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It has always been that you have to have actually been born in American to run for President. he HAD to have been born here to be our President. Its been that way since the beginning of this country,Period.
he may have run.possibly .BUT he would NOT have been President .even if all the people in the states voted for him.Its IMPOSSIBLE for a person who was born outside the states to be President.Its a part of our constitution.that provision would have to be changed by a vote of congress and ratified by the states to change that.
so he may have run. he may have said hey.I want to be President .Vote for me. BUT he would not have been President,.no way no how.
2007-02-26 17:09:25
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answer #10
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answered by Anonymous
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