Is the child born in USA from illegal emigrant an American citizen and do parents gain any legal rights?
470777
Yes the child is a US citizen but the parents are not, and can still be deported.  I know this because my friend is trying to become a legal citizen and they are trying to kick her out of the US even though she has 2 children with a US citizen.
911494
people who are born in a specific country are citizens of that country because of a birthright..who cares if they are from parents of illegal immigrants.....the only reason these people are illegal immigrants is because of the stupidity of Customs & Immigration in the US....think back to how our countries were formed....from the dregs of society being banished to other lands...THAT is our first history....so be careful who you tarnish...he/she just might be a distant relative
668223
Well, any child born in this country is automatically a citizen (of the LEGAL) variety regardless of whether the parents are or not; and it is much more dfficult to deport the illegal-alien parents of a child who is a legal citizen, since the child cannot be deported.  If and illegal alien marries a citizen of this country, that green card is automatic...I personally feel that the teen pregnancy rate is not concentrated in any one ethnic group, however; after all, what do they see on TV and in the movies and print media 24/7?  Listen to the lyrics of the majority of songs these days, what is the message?  How many parents actually pay attention to where their children are, with whom they are spending their time, and what the kids are doing?  As far as that goes, how many kids were born when THEIR parents were 16/17/18?  Put two and two together, and what do you have?  The world going to hell in a handbasket.
387833
It sounds as if your actual citizenship, adoption and work status are questionable.  You will need to contact the court or attorney who handled your adoption. They may be able to help you trace your documents in order to get a Guatemalan Birth Certificate.  Many children in the US when adopted are issued new birth certificates listing the adoptive parents as the new birth parents. \n\nIs it possible that your adoptive parents told you that you were legal, when that was not really true? The combination of "lost documents" and the social security card with INS restrictions make it all seem suspicious.\n\nIf you ever once had citizenship then you would not need to "get" citizenship again, though you might need to replace your documents. I would start with a visit to the online US embassy, they have information and contacts regarding gaining citizenship. These contacts may be able to help you work through your paperwork step by step to get your desired result.\n\nYou can visit the local Social Security office and get a new Social Security card issued, though it is likely to still have the INS authorization restriction. \n\nYou may benefit from the services of an immigration attorney.
640959
Since you r a US citizen, the newborn has automatic citizenship.  it is base on the principle of jus sanguinis, which holds that the country of citizenship of a child is the same as that of his/her parents.
673222
Generally, because you have a child who has the US citizenship due to the birth in the US, does not grant you the US citizenship at all.  I have not heard any cases due to a sole reason that a parent was granted the permanent residency status, because the child was the US citizen.  (I caution you that I do not practice immigration law full time, however)\n\nHaving said that, your status as being a student (assuming legally student for 5 years) should not affect your green card application status, barring some unknown facts.   I suggest you apply for the permanent residency through the work permit (H-1) or apply for the lottery program (50,000 slots every year for qualified applicants).
451533
I feel that anyone who wasn't born in the US or who wasn't born to parents who have citizenship in the US must be required to apply for immigration.  Residing in the country without a valid visa or US citizenship is ILLEGAL, and nullfies all rights which any liberals might seek to provide law breakers of any nationality.
611687
I am the child of an immigrant.  My Mother, who is from Asia, met my Father when she was in the US on a student visa.  They decided to get married and Mom began the process of becoming a legal resident and ultimately a citizen.\n\nIn my life, I have dated an illegal alien.  Had she been the person I wanted to marry, we would have gotten married and found a way to apply for her citizenship.  As someone who is a legal resident of the United States, I would not want to know that my wife was subject to deportation at any time.  What I would not do is carry around a sign in the street saying she has the 'right' to be illegal.\n\nImmigrants have always been a part of this country, and always will be.  But unchecked illegal immigration brings down the standard of living for people in the US.
1076271
I agree with you.  If you are born here then you are a "legal American" and that child has no power over what thier parents did, so no they sohuldn't be punished for something that they couldn't control in the first place.  I agree with this question.
90258
When you say "illegal immigrant" means his/ her visa expired, but married a US citizen. If the US citizen applies for the spouse, s/he can stay in US, not as a citizen but resident. The individual can become a citizen 3 years after being granteed permanent residence. Now if you break it up within 3 years of getting married, you might loose the petition. Any child born here is a US citizen. This law also might change soon. If you are illegal, but your child's a citizen the child can apply for your legalized status when s/he is 18 years old.\nI hope that answers your questions.
8159
I second using a more reliable source. Immigration is very complex law. \n\nThat said, if you're a bona-fide US citizen and marry an illegal alien (whose only infraction of law is illegal presence and/or illegal employment, and there are NO other criminal or moral problems) -- your spouse may be able file to adjust status on the grounds of being an immediate relative of a US citizen. I'm not sure about the child though. Once you file such a petition, your spouse is safe from being deported, until the petition is decided. If approved, your spouse becomes a permanent resident, and after 3 years, can apply for citizenship. If not, spouse needs to leave the country or file an appeal to fight the decision.\n\nNow the need for a lawyer: this can multiple years, and even a small mistake can jepordize the entire process -- and you'll have a really badly separated family. \n\nSo speak to a lawyer. If that's too expensive an option, large public libraries offer invite law professionals who consult for lower cost or free. \n\nI'm not a lawyer; above is only a slightly informed person's attempt to answer.
1088970
Yes, an American Citizen born abroad.
776324
Not even all people residing within the United States have a regular "brith certificate"--as was mentioned above, they are not issued by the federal government. \n\nTo get a little more in depth into the issue: \n\nIf someone was born a citizen and born within the US, they will likely have a birth certificate issued by their city, county, or state. However, if a person was born to American citizens who were living outside of the US at the time, that person would instead have a Consular Report of Birth Aboard. Likewise, If a person now living in the United States was not a citizen at birth but became one later in life, they would instead have a Naturalization Certificate/Certificate of Citizenship.
595688
The problem is that this (Fourteenth Amendment)has been misinterpreted in recent years to mean simply that anyone born in the U.S, under any circumstances, is an American citizen.\nThis is neither the original intent of the law nor the way it was interpreted by the courts in subsequent decades. Some Americans speak of birthright citizenship as if it were an immutable law of nature. \nIt is not, and most other nations do not, in fact, recognize it. It is only a BAD HABIT that could be broken with a simple Executive Order. \n\nAccording to estimates, some 200,000 so-called anchor babies are born in the United States every year. \nOnce a mother has birthed a child on American soil, she can then seek to obtain citizenship for herself on the strength of the family-reunification laws. \nEven before this happens, she is very hard to deport, as the mother of an American, and the full panoply of welfare benefits is available to her, as is affirmative action if she is a member of a racial minority.\n\nA group of attorneys and immigration experts are trying to do something about the problem RIGHT NOW. \n\nCraig Nelsen, director of Friends of Immigration Law Enforcement Stated :\n"The situation we have today is absurd,There is a huge and growing industry in Asia that arranges tourist visas for pregnant women so they can fly to the United States and give birth to an American. This was not the intent of the Fourteenth Amendment; it makes a mockery of citizenship."\n(Sound Familiar??)\n\nThe key to undoing the current misinterpretation of the Fourteenth Amendment is this odd phrase\n\n"AND SUBJECT TO THE JURISDICTION THEREOF."\n\nThe whole problem is caused by the fact that the meaning of this phrase, which was clear to anyone versed in legal language in 1868, has slipped with changes in usage. Fortunately, there is a large group of court precedents that make clear what the phrase actually means: \n\nThe Fourteenth Amendment EXCLUDES the children of aliens. (The Slaughterhouse Cases (83 U.S. 36 (1873)) \n\nThe Fourteenth Amendment draws a distinction between the children of aliens and children of citizens. (Minor v. Happersett (88 U.S. 162 (1874))\n\nThe phrase "subject to the jurisdiction" REQUIRES "Direct And Immediate ALLEGIENCE" to the United States, NOT just physical presence. \n(Elk v. Wilkins 112 U.S. 94 (1884)) \n\nThere is NO automatic birthright citizenship in a particular case. (Wong Kim Ark Case, 169 U.S. 649 (1898)) \n\nThe Supreme Court has NEVER confirmed birthright citizenship for the children of illegal aliens, temporary workers, and tourists. \n(Plyler v. Doe, 457 U.S. 202, 211 n.10 (1982)) \n\nThere are other cases referring to minor details of the question.\n\nThe so-called 14th amendment was never properly ratified either. \nIn the case of Dyett v. Turner, 439 P.2d 266, 270 (1968), the Utah Supreme Court recited numerous historical facts proving, beyond any shadow of a doubt, that the so-called 14th amendment was likewise a major fraud upon the American People.\n\nThose facts, in many cases, were Acts of the several State Legislatures voting for or against that proposal to amend the U.S. Constitution. The Supreme Law Library has a collection of references detailing this major fraud.\n\nThe U.S. Constitution requires that constitutional amendments be ratified by three-fourths of the several States. As such, their Acts are governed by the Full Faith and Credit Clause in the U.S. Constitution. See Article IV, Section 1.\n\nJudging by the sheer amount of litigation its various sections have generated, particularly Section 1, the so-called 14th amendment is one of the worst pieces of legislation ever written in American history. \nThe phrase “subject to the jurisdiction of the United States” is properly understood to mean “subject to the municipal jurisdiction of Congress.” \n\nFor this one reason alone, the Congressional Resolution proposing the so-called 14th amendment is prov
1065580
yes, the child should be registered at the embassy. I think you need to get an affidavit from the father, father's proof of citizenship and child's birth certificate. \n\nIts going to be extremely hard for the embassy to acknowledge the citizenship of the child with the father's assistance.\n\nYou may need to go though the Filipino court system to establish paternity. Once you done this, you can then take that documentation to the embassy to plead your case.\n\nUnfortunately, children receive citizenship because the American parent really wants the children to have it. It is going to be a hard route to do otherwise.\n\nI would to go to an Filipino lawyer that practices in both the USA and the Philippines for advise.\n\nAnother thing -- don't delay-- citizenship will be harder to get once the child is older than 18 years old.
277471
Sorry to here about that.  I am a Canadian and married to an American woman for over 8 years.  Still love her and not abusive.  As far as I know, he can be deported if all he has is a green card.  That is not citizenship in this country or even in Canada.  It permits you to work, etc. here but it does not protect you from exportation.  Your daughter or you signed a promise to support order for however many years.  I think it's 10.  You may not want to make him too upset till you find out more on that one as you or her may be responsible for supporting him.  He is eligible for citizenship at this point and, if nothing is done (ie. criminal charges for abuse, etc.) soon, it will be too late.  If your grandchild was born in the US, that child is a US citizen and cannot be taken from the country without a court order or permission.  Hope this bit helps.
852075
Birth Certificates\nDocumentation of United States Citizens Born Abroad Who Acquire Citizenship At Birth\nThe birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child?s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.\n\nREPORTING THE BIRTH\nA Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child?s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:\n\n(1) an official record of the child?s foreign birth;\n(2) evidence of the parent(s)? U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship);\n(3) evidence of the parents? marriage, if applicable; and \n(4) affidavits of parent(s)? residence and physical presence in the United States.\n\nIn certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.\n\nNOTE: Consular Reports of Birth are not available for persons born in Puerto Rico, the U.S. Virgin Islands, the Panama Canal Zone before October 1, 1979, the Philippines before July 4, 1946, American Samoa, Guam, Swains Island, the Commonwealth of the Northern Mariana Islands, or the former U.S. Trust Territories of the Pacific Islands. Birth certificates for those areas, except the Panama Canal Zone, must be obtained from their respective offices of vital statistics. Panama Canal Zone birth certificates should be requested through the Vital Records Section of Passport Services (see address below.) The fees are the same as those for DS-1350.\n\nDOCUMENTS AVAILABLE\nHow to Apply for a Certified Copy of a Consular Report of Birth Abroad\n\nConsular Report of Birth (FS-240)\n\nOn November 1, 1990, the Department of State ceased issuing multiple copies of the Consular Report of Birth (FS-240). As of that date, a new format for the FS-240 went into effect. All previously issued FS-240s are acceptable proof of U.S. citizenship (Public Law 97-241 - Aug. 24, 1982). To obtain a replacement for a lost or mutilated document, please submit a notarized written request including the original FS-240 or a notarized affidavit concerning the loss of the FS-240 and a $30 fee, payable to the ?Department of State.? Mail it to the address below. The affidavit must contain the: 1) name, (2) date, and (3) place of birth of the subject; (4) a statement regarding the whereabouts of the original FS-240; and (5) be signed by the subject, parent, or legal representative.\n\nCertification of Report of Birth (DS-1350)\n\nIf the birth was recorded in the form of a Consular Report of Birth, a Certification of Report of Birth (DS-1350) can be issued in multiple copies. The DS-1350 contains the same information as that on the new format Consular Report of Birth and is acceptable for all legal purposes. The DS-1350 is not issued overseas and can be obtained only by writing to the address below.\n\nGod Bless You and The Southern people.