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US Citizenship by birth
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America follows the jus soli rule, which is the common English decree rule under which the citizenship of a person is determined by the place of birth. According to the American law, the rule for US Citizenship by birth is established in the Fourteenth Amendment of the US Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Fourteenth Amendment does not mention “United States”, although it specifically comprises the District of Columbia and all the fifty states. This American rule was restated in the Nationality Act of 1940, other than defining the United States as containing “the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.” The decree thus extended the pertinency of the jus soli act to Virgin Islands and Puerto Rico. Guam was included within the definition of the United States under the Act of 1952. The Northern Mariana Islands which is a section of the ex-UN Trusteeship elected to become a self-governing Commonwealth and a Covenant of Political Union gave US Citizenship to the native residents of these islands.
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US Citizenship by birth is acquired automatically by a child whose birth takes place in America. The only exception is for a child being born in America to a foreign government bureaucrat who is in America as a renowned ambassador. A child whose birth takes place in specific US territories like Virgin Islands, Puerto Rico and Guam, may also obtain US Citizenship by birth. Any person born with US Citizenship holds it for life unless he or she renounces it intentionally. Even if a person who has obtained US Citizenship by birth has lived mainly other countries does not loose his or her US Citizenship and if a person who is not born in US but whose grandparents or parents were US Citizens, obtains US Citizenship even if his or her grandparents have lived elsewhere for a long time. When a couple becomes naturalized US Citizens, its minor children holding green cards automatically acquires US Citizenship. A person being born on a foreign liner resting in an US port or seafaring in the territorial sea of America attains US Citizenship by birth. US installations placed in alien lands are not held as parts of the United States. A child whose birth takes place in a US embassy or the US Naval Station would not obtain US Citizenship by birth. In most of the cases, the constitutional law of universal citizenship for all born is US remains unchanged by their parents’ status.
Our site usforindians.com presents detailed knowledge about US Citizenship by birth. If you want to gather some more facts on US Naturalization and Citizenship, browse through every page of usforindians.com.
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