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Old 11-10-2023, 08:33 AM
 
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Shockly Many immigrants to US arnt even sure of the concept of Jus sanganus which automatically gives kids parents citizenship despite being born in the US . But for many countries should the parents be immigrants or non immigrants their kids are subject to the same immigration restrictions as parents and get no birthright citizenship. Unless one of the parents is a citizen.

So the child is automatically considered the parents nationality and required to return when parents assignments are complete. Though while they are technically citizens by descent many countries requires child’s birth certificates to be apostilled/legalized translated and in the event of out of state marriages parents marriage certificates be Apostilled. In order for the child to be officialized in home country. I be curious what would happen if the parents are unwilling, unable, or otherwise to do this with their child? As it is a number of hoops to jump through with necessary documents in hand which some parents might have lost and need record search to find. Would their child despite being citizens still be detained for immigration violation? In addition to not being able to exercise rights as a citizen of own country?

Also Having citizenship in another country even residing in it does not override old country’s claim to the person being a citizen. In some countries which I heard Poland being one of them as long as you have a polish name or family member you are polish and must not use a non Polish passport to exit even if you never considered yourself as polish and born and lived all your life abroad. This has also caused issues overtime. Fortunately most countries no longer force military service upon such individuals so they nightmare stories of being detained for draft Dodge seems history for most countries but still can happen in some.
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Old 11-10-2023, 08:38 AM
 
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The US itself is an interesting situation on its own. Those who are born abroad to two US citizens are generally US citizens by birth with little exceptions ie diplomats. But if only one parent is a Us citizen particularly the mother the parent would need to prove he or she lived 10 years in the US and 5 of which after 14th birthday in order to transmit Us citizenship to the child. Which can be quite difficult. I be curious what happens if the US citizen parent cannot provide such proof and the other parents citizenship status is not clear either and the country which the child was born is not a Jus soli country. What happens if the parents need to return to the US or other country shortly after the birth due to visa limits?
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Old 11-10-2023, 12:37 PM
 
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Quote:
Originally Posted by citizensadvocate View Post
The US itself is an interesting situation on its own. Those who are born abroad to two US citizens are generally US citizens by birth with little exceptions ie diplomats. But if only one parent is a Us citizen particularly the mother the parent would need to prove he or she lived 10 years in the US and 5 of which after 14th birthday in order to transmit Us citizenship to the child. Which can be quite difficult. I be curious what happens if the US citizen parent cannot provide such proof and the other parents citizenship status is not clear either and the country which the child was born is not a Jus soli country. What happens if the parents need to return to the US or other country shortly after the birth due to visa limits?
The parent handing down US citizenship has to proof the resident requirements. What do you base "particularly the mother" on?
The short version - they have a problem.
The long version - they travel with whatever documents they have and hope for the best.
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Old 11-10-2023, 12:50 PM
 
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Quote:
Originally Posted by citizensadvocate View Post
Shockly Many immigrants to US arnt even sure of the concept of Jus sanganus which automatically gives kids parents citizenship despite being born in the US . But for many countries should the parents be immigrants or non immigrants their kids are subject to the same immigration restrictions as parents and get no birthright citizenship. Unless one of the parents is a citizen.
Quote:
Originally Posted by citizensadvocate View Post
So the child is automatically considered the parents nationality and required to return when parents assignments are complete. Though while they are technically citizens by descent many countries requires child’s birth certificates to be apostilled/legalized translated and in the event of out of state marriages parents marriage certificates be Apostilled. In order for the child to be officialized in home country. I be curious what would happen if the parents are unwilling, unable, or otherwise to do this with their child? As it is a number of hoops to jump through with necessary documents in hand which some parents might have lost and need record search to find. Would their child despite being citizens still be detained for immigration violation? In addition to not being able to exercise rights as a citizen of own country?
Can you please set an official link stating that a US citizen has to return to his/her parents home country if they return there?

Quote:
Originally Posted by citizensadvocate View Post
Also Having citizenship in another country even residing in it does not override old country’s claim to the person being a citizen. In some countries which I heard Poland being one of them as long as you have a polish name or family member you are polish and must not use a non Polish passport to exit even if you never considered yourself as polish and born and lived all your life abroad. This has also caused issues overtime. Fortunately most countries no longer force military service upon such individuals so they nightmare stories of being detained for draft Dodge seems history for most countries but still can happen in some.
Half of the known world would need a Polish passport:>)

Some countries accept multi citizenship, some disregard it, otheres refuse to renquish it. Take your pick.
There are plenty of "true" and true iummigration stories all over the internet.
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Old 11-11-2023, 07:42 AM
 
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Quote:
Originally Posted by Threestep2 View Post
The parent handing down US citizenship has to proof the resident requirements. What do you base "particularly the mother" on?
The short version - they have a problem.
The long version - they travel with whatever documents they have and hope for the best.

In the old days in many countries only fathers transmitted nationalities to their "offspring" as they traditionally father's family name become the child's at least until the "female" child becomes married. Nowadays most countries allow the father and mother to transmit nationality. Which also solves the issue in the event of a divorced or unknown father. But still a hassle as the "mother" would more documentation to prove family ties with her son or daughter.



Though most countries the child do not receive birthright citizenship and is considered the nationality of his or her parents whichever passport they applied for visa for at such host country and to depart with parents when visa expires. Ie if family from US especially with one US national parent gets a job assignment to Japan, China or some Asian country for one year assignment. And the child gets born there. The child does not get local nationality at all, is regarded as American or any other nationality their parents passport to local authorities, is required to leave when the parents leave. What happens if the parent doesn't register, or the parents shows up at the border with their unregistered "American" kid What if they entered the US and stayed ever since without ever properly register their kid with the embassy who should be entitled to US citizenship by way of his or her parent. Would ICE still go after the kid. Or would the kid just have issues when it comes time to get a passport or register to vote? I heard some Amish kids have this issue since the group often shun birth certificates despite being born on US soil.

I always curious how hospitals in those countries officially register such births of non citizens in those countries. Which I am sure they don't get the same birth certificates as born citizens.



I be curious whether its allowable for Diplomatic immunity to be waived to allow Jus Soli law to take precedence, I am certain some countries' diplomats would love their kid to get US, Canadian, or Australian citizenship if they have a birth there. Also What happens if a Diplomat marries a local citizen would the child get local citizenship in this case?





Quote:
Originally Posted by Threestep2 View Post
Can you please set an official link stating that a US citizen has to return to his/her parents home country if they return there?


I suppose if the parents who are subject to stay restrictions and have to return at end of their assignment/visa as they have no place to live are willing to abandon their kids to the foster care system or orphan them in the US they could since their kid is a birthright citizen. Otherwise for practicality purposes the child who is dependent on parents would obviously return home with parents to home country.


Quote:
Originally Posted by Threestep2 View Post
Half of the known world would need a Polish passport:>)

Some countries accept multi citizenship, some disregard it, otheres refuse to renquish it. Take your pick.
There are plenty of "true" and true iummigration stories all over the internet.

Poland seems one thats serious about keeping its citizens citizens no matter how little claims to the country. Technically most countries are like that but they don't enforce uniformly.

But I hear from another point that Poland doesn't jail, fine, tax, or force draft on it. Its actually a blessing to be detained this way as you get all the benefits of citizenship and universal health care. And you don't have to deal with foriegn embassies or consulates far away and all those documents they demand along with government bureaucracy, paperwork, and slowness despite you being a citizen all that time. I am not sure how accurate is that statement though.



In practice countries can do little if anything about what goes on beyond its boarders ie other countries consider their citizens as well, as their power usually ends there.
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Old 11-11-2023, 01:29 PM
 
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Will you please post an official link about you statement regarding Poland? Thank you.
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Old 11-11-2023, 02:00 PM
 
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https://polonia.fandom.com/wiki/Passport_trap
https://polishforums.com/usa-canada/...bjected-77944/
https://en.wikipedia.org/wiki/Polish_nationality_law This one seem to have links to the official stuff.

Apparently it appears mandatory Military service had been abolished so no need to worry about that.


Poland isn't alone in this as it seems not uncommon for other countries to have similar requirements just whether they actually clamp down on it and how often. The US technically as well too. Though its unlikely for US based on how the federal government works to clamp down just by looking at a name for someone who never applied for a passport or social security number. One scenario where a family might get grailed on this is if both parents are citizens and they cross immigration together. But its rare if they are only entering for tourism i.e to Walt Disney, family, or business trips and never applying for immigration or permanently moving and settling in the US. I be curious what happens if they do though.


I be curious why would someone not want Polish nationality in this situation as they not only get universal health care they also get Schengen citizenship if they are not already a Schengan area citizen. I.e UK in modern days.
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Old 12-27-2023, 06:20 AM
 
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My parents are foreign born, I could apply but I heard they do not make it easy with all the paperwork that is required.

Honestly I never even moved out of my home state so nevermind moving to another country and frankly the US is better than where they are from and there's a reason they left and never wanted to go back.
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Old 02-03-2024, 11:16 PM
 
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It also dependent on the nationality laws of such country. Its interesting how birth registration is handled in countries that don't qualify for birthright citizenship and the child is not eligible for jus sanguinis how are those birth registered. What happens if the parents are required to leave the country before they can be able to gather up documents to register their child? Or if the parents returns or deported to home country with their kids and stays there without registering their kids first?

This can happen in the Americas as well ie first generation Mexican born in the US of Mexican born parents but crosses the border south to their "home" and remains there. or pre 2009 US citizens could return to US with almost no check aside from verbal declaration same with Canada. The child is under the constitution a citizen by virtue of parents citizenship.
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Old 02-12-2024, 09:03 PM
 
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In countries that don't recognize birthright citizenship, those governments provide the parents with a document called a 'Certificate of Foreign Birth' that the parents would file with their home country, and their child's citizenship follows the parents. I am unaware of any country that would refuse to recognize a Certificate of Foreign Birth.

It is unlikely that any child would be deported shortly after birth without such documents being issued, as border control would have no means to verify the identity of the baby. The baby could be stolen or swapped for all they know. I'm unclear of what the year 2009 is supposed to signify. ICE has been able to verify birth certificates and citizenship since long before then.
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