Thread: ANCHOR BABIES-CITIZENS--I THINK NOT

Sunday December 10, 2006
Travel State Gov BUREAU OF CONSULAR AFFAIRS
UNDER
Adoption Information

Child Citizenship Act of 2000 http://travel.state.gov/family/adoption/info/info_457.html

Overview

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically.
These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

What Are the Requirements of the Child Citizenship Act of 2000?
The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and
Be admitted as an immigrant for lawful permanent residence.
In addition, if the child is adopted, the adoption must be full and final.
What Is the Effective Date of the Child Citizenship Act? The effective date of the Child Citizenship Act is February 27, 2001. Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.

What Happens When the Child is Adopted in the United States? A child who enters the United States on an IR4 visa (to be adopted in the United States) will acquire American citizenship when the adoption is full and final in the United States.
How Does a Child Show Lawful Permanent Residence?
A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card).
Another way to show LPR status is the I-551 stamp in the child''s passport. This stamp shows the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.
Must the Child Get a Certificate of Citizenship?
You do not have to apply for a certificate of citizenship for your child. If you want to apply for a certificate, please go to How to Get a Certificate of Citizenship for your Child for instructions.
How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:Proof of the child''s relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

The child''s foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) I-551 stamp in the passport, or the child''s permanent resident card (green card);
Proof of identity of the American citizen parent(s) Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.
Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?
No. Only a child who acquired citizenship at birth can get a birth certificate from an embassy or consulate.

What Are the Other Provisions of the Child Citizenship Act?
Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) for a certificate of citizenship if the following conditions are met.At least one parent of the child is an American citizen by birth or naturalization.
The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child''s American citizen parent cannot meet the physical presence requirement, it is enough if one of the child''s American citizen grandparents can meet it.
The child is under the age of eighteen.
The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant. Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) and go through the naturalization process.

Overview
http://travel.state.gov/family/adoption ... 457.html#1
What Are the Requirements of the Child Citizenship Act of 2000?
http://travel.state.gov/family/adoption ... 457.html#2

What Is the Effective Date of the Child Citizenship Act?
http://travel.state.gov/family/adoption ... 457.html#3
What Happens When the Child Is Adopted in the United States?
http://travel.state.gov/family/adoption ... 457.html#4
How Does a Child Show Lawful Permanent Residence?
http://travel.state.gov/family/adoption ... 457.html#5
Must the Child Get a Certificate of Citizenship?
http://www.uscis.gov/graphics/publicaff ... chowto.htm
How Does the Child Get a Passport Under the Child Citizenship Act?

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?
http://travel.state.gov/family/adoption ... 457.html#8
What Are Other Provisions of the Child Citizenship Act?
http://travel.state.gov/family/adoption ... 457.html#9

Click here: Acquisition of U.S. Citizenship by a Child Born Abroad
http://travel.state.gov/law/info/info_609.html
Laws, Regulation & Public Policy

Sunday December 10, 2006

Acquisition of U.S. Citizenship By a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock:
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.

Birth Abroad to One Citizen and One Alien Parent in Wedlock:
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father:
A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year. 1997American Citizens Services


UNDER ADOPTION INFORMATION

Click here: Child Citizenship Act Of 2000
http://travel.state.gov/family/adoption ... o_448.html

Fact Sheet

Purpose
On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States. Requirements

The following are the Act's requirements:

At least one parent of the child is a U.S. citizen, either by birth or naturalization. T
he child is under the age of 18.
The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.
If the child has been adopted, the adoption must be final. Frequently-Asked Questions

Acquisition of U.S. Citizenship By a Child Born Abroad

Birth Abroad to Two U.S. Citizen Parents in Wedlock:
A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
Birth Abroad to One Citizen and One Alien Parent in Wedlock:
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father:
A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year. 1997American Citizens Services



SO MY QUESTION IS ....SINCE Elvira Arellano, the illegal alien who took refuge in a Chicago church some three months ago to avoid deportation.
HOW DID HER SON SAUL GET A PASSPORT TO GO TO MEXICO???? SINCE HE NEEDS A LEGAL PARENT TO GET A PASSPORT????

His mother is a Mexican Citizen, therefore he is. He has dual citizenship.

That is why his being an American Citizen or any other Anchor Baby is not only unnecessary ... it's uncalled for ... and was never the intention of the 14th Amendment and doesn't fit the language of the 14th Amendment ... her son was not under the jurisdiction of the United States when he was born because his mother was a Mexican citizen which made him ... a Mexican Citizen by birthright.

JUDY
HE ISN'T A CITIZEN ACCORDING TO

What Are the Requirements of the Child Citizenship Act of 2000?
The child must meet the following requirements:
Have at least one American citizen parent by birth or naturalization;

THE PROBLEM HERE IS WE HAVE LAWS, WHICH THEY THINK IF THEY KEEP REPEATING THE OPPOSITE LONG ENOUGH WE WILL EXCEPT IT.....
IMAGINE PUTTING THESE LAWS UNDER ADOPTION ON A TRAVEL/CONSULAR SITE BUT NOT ON US GOV SITE(THAT I COULD FIND)

What site did you find this on? Is this supposed to be American Law?

http://www.adopting.org/adoptions/the-c ... works.html

This Citizenship Act only applies to children of at least one American Citizen that were born outside the US.

So if Elivira's son was born here, then he is both a US Citizen and I think a citizen of Mexico because his mother is a Mexican Citizen. His father may be as well.

I'll see if I can find out what citizenship is for Mexicans.

US STATE DEPARTMENT
Click here: Child Citizenship Act of 2000
http://travel.state.gov/family/adoption ... o_457.html

[b]Child Citizenship Act of 2000
http://travel.state.gov/family/adoption ... 457.html#2

SEE MY
POST 2 OR 3 UP

http://www.statesmanjournal.com/apps/pbcs.dll/article?


TRICIA McINROY | TUCSON CITIZEN
Mexicans living in the United States flocked to border communities during Mexico's presidential election in 2000. The newfound voting power of the more than 10 million Mexican citizens living in the United States could have profound political implications for both countries.

Issue resonates

Dual nationality isn't new; at least 93 countries allow citizens of one country to enjoy rights in another.


It's getting more attention, however, because Mexico's estimated 10 million residents in the United States now have dual rights.

Some see this as a natural trend, while others warn that it could pose problems for the United States.


Reclaiming nationality

Anyone born in Mexico who became a U.S. citizen before 1998 can reclaim nationality.

Regardless where they were born, children of Mexico-born parents also are eligible for nationality.

Cost: The application is $15.

Also required: A certified copy of a Mexican birth certificate; proof of U.S. citizenship; two forms of identification that include a picture and signature; two passport-size photographs (front view).


Married women: Also must provide a copy of marriage certificate.

U.S. born: Adult children of Mexico-born parents must have a copy of one of their parent's Mexican birth certificates and a copy of their own birth certificate.

In Oregon: All forms must be taken to the Mexican Consulate in Portland, 1234 SW Morrison Road, for processing. Consular employees will conduct an interview and may require additional documents.

Time frame: Once everything is certified and sent to the Mexican government, nationality is restored or granted usually within a month.

SOURCE: Mexican Consulate

Oath of Allegiance

New U.S. citizens are required to renounce foreign allegiance, but the Oath of Allegiance has never been enforced. The oath:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."



Profound effects likely on U.S., Mexican elections
Dual-citizen Salem woman loves both countries
Salem man relishes possible voting power in two countries

Dual nationality threatens to alter electoral influence

By letting emigrants vote in its elections, Mexico could spark a political tug-of-war with the United States

BY GABRIELA RICO
Statesman Journal

January 30, 2005

They pledge allegiance to two flags.

They are United States citizens who, by birthright or bloodline, also retain or claim nationality with another country.

They divide their time between two nations, feeling completely at home in both.

For some, it is an opportunity to reconnect with their homeland.

For others, it is an opportunity to connect with the United States, now that they don't have to chose.

Recently, Mexico -- the largest source of migrants to the United States -- became the latest country to recognize dual nationality. Reaction among the estimated 10 million Mexicans in the United States is conflicted.

Some think that achieving U.S. citizenship is an honor that should not be shared with the country they left because of economic despair or corruption.

Some see it strictly as a business move, similar to the notion of free trade.

And for some Mexicans, it is an emotional cord that binds them to what they left behind.

Mostly discussed among scholars, the notion of dual nationality is seen as a benign reality by some experts, but others consider it a dangerous trend.

Stanley A. Renshon, a political-science professor at City University of New York and author of the upcoming book "The 50% American: National Identity in an Age of Terrorism," said the time has come for the public to engage in a debate about dual allegiance.

"It's inevitable, but dangerous," Renshon said. "The problem is not dual loyalty, but rather conflicted loyalties."

With international cable television and the Internet, immigrants now are more able to keep up with current events in their home countries, and the desire to do so is understandable, he said.

"Where you were born and where you grew up is an important piece of a person's psychology," he said. "And it's very possible now to be in touch with your emotional roots."

The problem, Renshon said, is that without that same sense of "nationalism," the United States may not get most of an immigrant's allegiance.

"Americans are increasingly under-socialized," he said. "They know less about our country, they know less about how it works, they know less about its meaning."

Coupled with the fact that foreign governments are aggressively seeking out their countrymen, the U.S. government needs to address the matter, Renshon said.

"It's a serious problem," he said of the millions of U.S. citizens being courted by Mexico and other countries. "We've never had that before."

There are no data about the number of U.S. citizens who hold another nationality or citizenship, according to the Center for Immigration Studies, a think tank that studies the impact of immigration on the United States.

However, at least 93 countries extend dual nationality to their emigrants, and the growing phenomenon of the past decade has largely gone unnoticed.

Until now.

Constitutional change

Last year, the Mexican government made indefinite a constitutional change allowing countrymen to keep their nationality when they become citizens abroad, and it extended the right to their children, regardless of where they were born.

It was the country's response to the wishes of its citizens abroad who demanded that their identities and political voices be reinstated, said Martín Alcalá Salgado, the deputy Mexican consul for Oregon.

Before March 20, 1998, Mexican law dictated that a countryman who became a citizen of another land forfeited his or her rights as a Mexican national.

That year, the Mexican Congress opened a five-year window in which people could reclaim nationality based on a constitutional amendment ap-proved the year before.

When that window was about to close, consulate offices throughout the United States reported long lines of people hoping to get their paperwork processed before it was too late.

"During the last weeks of that five-year time frame, we had lines around the block," Alcalá said.

The Portland office received an average of 250 petitions per week from people seeking to regain Mexican nationality.

The Mexican Congress, after receiving similar reports from consular officials throughout the United States, decided in July 2004 that the constitutional amendment should apply for an indefinite period.

Anyone who became a citizen of another country after March 20, 1998, did not lose Mexican nationality. And anyone who lost it by becoming a citizen of another country before that date now can reclaim it.

Alcalá said that during the initial five-year time frame, about 67,000 Mexicans living in the United States reclaimed Mexican nationality.

Aside from voting -- at this time only in presidential elections -- Mexican nationality gives people unrestricted rights to own homes or businesses. One advantage, for example, is that Mexico does not allow non-citizens to own land within 30 miles of coastlines or within 60 miles of the U.S.-Mexico border.

Changing mindset

Dual nationality is not a unique concept.

Under U.S. law, people born in this country automatically are U.S. citizens, and in most situations, a child born abroad to a U.S. citizen also is granted citizenship. Depending on the country in which that child is born, citizenship rights also might be extended from there.

In 1967, the U.S. Supreme Court ruled that Congress cannot force an American to surrender U.S. nationality if becoming a citizen elsewhere.

Such is the case with Mexico, which now recognizes both the jus soli and jus sanguinis doctrines -- rights given based on a person's relationship to land or blood.

Mexico generates the highest number of emigrants to the United States, followed by India, Pakistan and the Philippines, according to the United Nations' Population Division. There are an estimated 10 million Mexican citizens living in the United States.

They provide an economic boon of more than $13 billion in remittances to Mexico each year.

Observers say that the time has come to pay attention.

"The last thing Mexico can afford is to completely lose track of people who emigrate," said Erlinda Gonzales-Berry, chairwoman of the department of ethnic studies at Oregon State University. "There is a real effort to keep people connected to their homeland."

It is a notable shift in mindset, she said.

Before the election of Mexican President Vicente Fox, there was little interest in the fate of the Mexican emigrant.

"Once people left Mexico, they were pretty much on their own," Gonzales-Berry said. "In the past, it was 'Goodbye, Malinche (traitor).'"

Today, the Mexican government makes extraordinary efforts to support its citizens in the United States, she said.

Oregon, in fact, is considered a national model in educational and health-care partnerships with Mexico.

In fall 2004, Gov. Ted Kulongoski joined officials from the Bush administration and President Fox -- via a satellite TV link -- to formally adopt an education partnership to teach Spanish-speaking students in the state.

Mexico aligned a curriculum to match Oregon's so students can progress in core subjects and get credit while they learn English.

So-called "community plazas" exist in other parts of the United States, but Oregon is the first state to embrace the concept statewide, rather than just at individual school districts.

Earlier this month, 14 nurses who are permanent legal residents from Mexico concluded a transitional program in Portland, and they are preparing to receive nursing certification.

__________________

I'm pretty sure he is a Mexican Citizen by birth to Mexican-born parents even though he was born in the United States. I'll bet he travelled on an Mexican Passport, not United States.

So .. he's home where he belongs. She needs to go join him.

Just goes to show how stupid Bill Richardson is carrying on about these children being "orphans". What an idiot. I sure hope Lou Dobbs sees this and exposes the fact that Elvira's children are Mexican Citizens.

According to Mexican Voting Law in order to vote you have to go to an office in Mexico fill out forms and then return them. This has to be done before the time of an election. The political parties all reached an agreement on what the requirements were.
The ruling political party which includes (ex)Presidents Fox and Calderon and now the majority of the legislators is the PAN. The PAN appeals most to those who either have acheived or believe they can acheive success in Mexico.

The highest percentage of the illegal aliens are members of Lopez Obradors party the PRD. Many of them came here without making the proper preparations to vote first. If they had been able to vote they would have put him in power.

////////////////////////////////

Our current laws are tougher on adopting parents who are our law abiding citizens than they are on the illegal aliens.

Originally Posted by Richard

According to Mexican Voting Law in order to vote you have to go to an office in Mexico fill out forms and then return them.
s
////////////////////////////////

Our current laws are tougher on adopting parents who are our law abiding citizens than they are on the illegal aliens.

YUP...I WAS WAITING FOR SOMEONE TO PICK THAT POINT UP

Palomablanca
Advanced Member 1178 Posts
Posted - 12/12/2006 : 05:13:00
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quote:
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[quote]Originally posted by clair

....How infuriating that after the children of illegals are granted birthright citizenship that you blame these problems on citizens. The 14th amendment absolutely DOES NOT grant citizenship to the children of illegals. I am not sure how or when this was misinterpreted, but the intent and language was to deny citizenship to illegal immigrants and others subject to foreign powers (like Mexico).


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The 14th AMENDMENT; Section 1: (in toto- emphasis mine) " All persons born or naturalized int the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the priveliges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Where do you see this horseradish about children of 'illegals' not being citizens?

We're having this discussion on our board now. Palamoblanca stubbornly maintains her beliefs in supporting the illegal. What can I tell her folks about her mistaken opinion above?

http://www.waukegan.org/Forum/topic.asp ... hichpage=4