Wednesday, August 12, 2009

US Citizenship Part 2: Children born abroad to U.S. Citizens.


Photo used under Creative Commons from Dru Bloomfield-At Home in Scottsdale

In our last post we discussed "birth right" or natural born citizenship. This type of citizenship is derived from the U.S. Constitution. A second way a person acquires U.S. Citizenship is through birth abroad to one or more parents that are U.S. citizens. This type of citizenship is distinct in that it does not come from the U.S. Constitution. Rather citizenship of this type is a creature of statute and is controlled by Congress.

Typically this type of citizenship is passed from a parent citizen to their child, born abroad, if the parent has resided within the United States for a set period of time. It is a fairly complex area and there are numerous rules related to it. For a good discussion of the ins and outs, click here.

Both types of persons- those born in the United States and those born abroad to U.S. Citizens- are citizens, albeit, their citizenship comes from different legal sources.

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