US Citizenship by Birthright?

[mr_s_p 1]

Perhaps this is not the proper forum for posting this question, but then again, it does say "General Discussion"...

A little bit of background...

I was reading in the K1 Visa forum, as we (My Kansan Fiancee and I) are pursuing a K1/K2 Visa, and a poster in the K1 forum had twigged me onto a very interesting fact, of which I have since done some research on, particularly the 14th Amendment of the Constitution, that if someone was born on US soil, territory or controlled area, they are immediately US Citizen's by birthright ("jus soli") (Thanks, HUSKERKIEV!!!).

I am a Canadian citizen, but I was born in Fontainebleau, France by Canadian parents, my father was in the Canadian Forces in France with NATO before NATO was booted out of France in '67.

But, and this is the interesting fact... I was born in a US Army Dispensary!!! I guess I couldn't wait to come out, and they had to go there for the delivery . I take it this means that this is "a little piece of US"???

Now the only documentation that I have of this is a very old US form (4 copies by carbon paper, top of which is the original) titled: "REPORT OF CHILD BORN ABROAD OF AMERICAN PARENT(S)". However, the "AMERICAN" is "X"ed out and CANADIAN is typed above it. It is documented on the form that the Place of Birth is "US Army Dispensary, Fontainebleau, France" and signed by both a REGISTRAR and ATTENDING PHYSICIAN who are officers of the US Military (1st LT MSC and CAPT MC).

So, I'm looking for opinions, based on this facts above:

1. Am I a US Citizen by birthright? Is this enough documentation to go forward with this to the Consulate?

2. Are there others that have been in a similar position? If so, have they followed through becoming US Citizens? What was the outcome?

3. I take it that if I am, my boys would automatically get US Citizenship?

What this comes down to, is that it would be kinda pointless to pursue a K1/K2 Visa if I can just go the Citizenship route.

What are all you galls' and guys' thoughts on this?

[Niels Bohr 72]

You can call forth upon the 14th Amendment of the Constitution of the United States of America, and be admitted as a US Citizen. I advise you to seek the Consul for assistance on this since it'll be your most direct way of finding out whether or not you're considered a US Citizen.

[diadromous mermaid 36]

Perhaps this is not the proper forum for posting this question, but then again, it does say "General Discussion"...

A little bit of background...

I was reading in the K1 Visa forum, as we (My Kansan Fiancee and I) are pursuing a K1/K2 Visa, and a poster in the K1 forum had twigged me onto a very interesting fact, of which I have since done some research on, particularly the 14th Amendment of the Constitution, that if someone was born on US soil, territory or controlled area, they are immediately US Citizen's by birthright ("jus soli") (Thanks, HUSKERKIEV!!!).

I am a Canadian citizen, but I was born in Fontainebleau, France by Canadian parents, my father was in the Canadian Forces in France with NATO before NATO was booted out of France in '67.

But, and this is the interesting fact... I was born in a US Army Dispensary!!! I guess I couldn't wait to come out, and they had to go there for the delivery . I take it this means that this is "a little piece of US"???

Now the only documentation that I have of this is a very old US form (4 copies by carbon paper, top of which is the original) titled: "REPORT OF CHILD BORN ABROAD OF AMERICAN PARENT(S)". However, the "AMERICAN" is "X"ed out and CANADIAN is typed above it. It is documented on the form that the Place of Birth is "US Army Dispensary, Fontainebleau, France" and signed by both a REGISTRAR and ATTENDING PHYSICIAN who are officers of the US Military (1st LT MSC and CAPT MC).

So, I'm looking for opinions, based on this facts above:

1. Am I a US Citizen by birthright? Is this enough documentation to go forward with this to the Consulate?

2. Are there others that have been in a similar position? If so, have they followed through becoming US Citizens? What was the outcome?

3. I take it that if I am, my boys would automatically get US Citizenship?

What this comes down to, is that it would be kinda pointless to pursue a K1/K2 Visa if I can just go the Citizenship route.

What are all you galls' and guys' thoughts on this?

How do you believe "e" pertains if your parents were Canadian?

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a.) a person born in the United States, and subject to the jurisdiction thereof;

(b.) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c.) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d.) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e.) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f.) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g.) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h.) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899

[payxibka 10,045]

There are also procedures for reporting to the appropriate Embassy/Consulate for any birth that occurred abroad in order to make a claim of US citizenship. If the paperwork is not properly and timely filed then this will be problematic as well......

[cpinkley 0]

I would consult a US immigration attorney about your claim to citizenship-it's at least worth finding out-the laws are quite tough to figure out on your own. I thought I had a real claim to US citizenship- I was born in Canada to an American mother and Canadian father and missed US citizenship by 6 months because my mother moved to Canada 6 months shy of US residency requirements to pass to me. my mother did not report my birth to a US embassy which decreased my chances. you have that paper which is at least a good start. there are also age limit issues, whether you are single or married, etc. good luck with the research

[HUSKERKIEV 8]

My original comment in the other forum was pertaining to dependents of US servicemembers.

The fellow who asked the original question was a dependent, born of US servicemembers. Which met the criteria for making him a USC.

Sorry for the confusion but its a good question. unfortunately i don't have answer for your specific set of circumstances.

D.

[meauxna 15]

My original comment in the other forum was pertaining to dependents of US servicemembers.

The fellow who asked the original question was a dependent, born of US servicemembers. Which met the criteria for making him a USC.

Sorry for the confusion but its a good question. unfortunately i don't have answer for your specific set of circumstances.

D.

"I am a Canadian citizen, but I was born in Fontainebleau, France by Canadian parents, my father was in the Canadian Forces in France with NATO before NATO was booted out of France in '67. "

A Canadian in NATO = US servicemember?

OP: I guess one way to find out would be to complete a US passport application.

[sparkofcreation 0]

My original comment in the other forum was pertaining to dependents of US servicemembers.

The fellow who asked the original question was a dependent, born of US servicemembers. Which met the criteria for making him a USC.

Sorry for the confusion but its a good question. unfortunately i don't have answer for your specific set of circumstances.

D.

"I am a Canadian citizen, but I was born in Fontainebleau, France by Canadian parents, my father was in the Canadian Forces in France with NATO before NATO was booted out of France in '67. "

A Canadian in NATO = US servicemember?

OP: I guess one way to find out would be to complete a US passport application.

Actually, s/he would need to file an N-600 (Application for Declaration of Citizenship) first.

As for passing it on to his/her children, no. In order to transmit citizenship, you need to live in the US for a certain number of years before reaching a certain age and a certain number of years after that age (how many years and what age depends on what year you were born).

[zyggy 9]

It is important to see how the INA defines outlying possessions...

The term "outlying possessions of the United States" means American Samoa and Swains Island.

The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.

It is also important to realize that US CItizenship is not passed on to those who are born in the US whose parents are one of the following

(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family;

(ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and

(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;

I believe those who are on US Bases who are from another country's armed forces fall into one of the categories above... I also believe that any US military base does not fall into the definition of United States or outlying possessions...

Therefore, I believe that you would not be a US Citizen... but an immigration attorney would give you an opinion of this...

Edited February 26, 2007 by zyggy

[MJA 0]

US military bases abroad are not considered US territories or outlying possessions. So anyone born on a US military base to NON-US CITIZEN parents has no claim to US Citizen.

PS: I am not a lawyer

Edited February 26, 2007 by MJA

[lucyrich 20]

I believe MJA is correct. The US army dispensary is not considered to be a part of the United States.

Now the only documentation that I have of this is a very old US form (4 copies by carbon paper, top of which is the original) titled: "REPORT OF CHILD BORN ABROAD OF AMERICAN PARENT(S)". However, the "AMERICAN" is "X"ed out and CANADIAN is typed above it. It is documented on the form that the Place of Birth is "US Army Dispensary, Fontainebleau, France" and signed by both a REGISTRAR and ATTENDING PHYSICIAN who are officers of the US Military (1st LT MSC and CAPT MC).

That's further evidence that MJA's theory is right. The "Report of Child Born Abroad" form is used to report the birth of a child that was NOT born in the United States, to show the citizenship of the parents, to document any claims to US citizenship that the child may have based on parentage, since a child born abroad doesn't have a claim to citizenship based on birthplace. If you were considered to have been born within the United States, there would not have been any need of a US report of child born abroad.

Usually, that form is used if a child is born of US citizen parents. The dispensary probably just filled one out for every single birth as a matter of policy.