Site icon Canada, US, Australia, UK Immigration, Study Visa, Travel Visa, Business Visa, Settlement Services

A Guide to US Birthright Citizenship

United States, 1st September: Here we are discussing the detailed guide to US Birthright citizenship to know about citizenship to a child born in the US to undocumented immigrant parents.

Let us see the details now.

US Birthright Citizenship—details

Being born in the US does not confer US citizenship in all cases–Just being born in the US makes a person a US citizen? Do you believe this? Well, you need to take a second thought to this notion. Yes, the point worth consideration in this regard is that whether the child’s parents are undocumented immigrants or legal immigrants.

If the parents are undocumented immigrants, then in such a scenario, the child does not have the right to become a US citizen by just getting birth on the US soil.

<blockquote> Here we are discussing issues pertaining to US Birthright citizenship to children born in the US. </blockquote>

US Birthright Citizenship law–So, merely being born in the US just does not make any child a US citizen. This becomes further clear from the Fourteenth Amendment to the Constitution in 1868.

Its first clause clarifies that “ 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 in which they reside. “

The US Constitution or the US Supreme Court does not support the view that merely being born on the US soil confers the US citizenship. In fact, the Fourteenth Amendment further states that one needs to be subject to the jurisdiction of the US.

So, the point here is that the child of an unlawful resident immigrant must fulfill the conditions or the requirements.

The US Supreme Court has clearly addressed the Fourteenth Amendment. The language used is quite explicit as the latter phrase means subject to the ‘complete jurisdiction’ and ‘not owing allegiance to anyone else.

The US Citizenship Clause excludes all persons born in the US who are aliens or foreigners or belong to the families of foreign ministers or ambassadors. So, we can say that the phrase in the US Citizenship Clause applies to ‘sojourners’ who are in the US as temporary visitors. Moreover, it also does not apply to those in the US unlawfully.

It clearly means that visitors to the US like undocumented immigrants are bound by US laws. Meanwhile, any child born in the US to permanent lawful residents is a US citizen.


Exit mobile version