Replies

“BS. Persons serving the government abroad are US citizens by birth. You fail civics 101.”

Time and again you have been supplied with quotations from the U.S. Department of State and the U.S. Supreme Court that unequivocally say such persons born abroad can only be naturalized U.S. citizens. If you continue to deny the quoted official authorities, so we can only conclude in the future you are choosing to deliberately lie.

Foreign Affairs Manual: 7 FAM Consular Affairs

7 FAM 1130

ACQUISITION OF U.S. CITIZENSHIP BY BIRTH ABROAD TO U.S. CITIZEN PARENT

(CT:CON-636; 02-24-2016)
(Office of Origin: CA/OCS/L)

7 FAM 1131 BASIS FOR DETERMINATION OF ACQUISITION

7 FAM 1131.1 Authority

7 FAM 1131.1-1 Federal Statutes

(CT:CON-349; 12-13-2010)

a. Acquisition of U.S. citizenship by birth abroad to a U.S. citizen parent is governed by Federal statutes. Only insofar as Congress has provided in such statutes, does the United States follow the traditionally Roman law principle of “jus sanguinis” under which citizenship is acquired by descent (see 7 FAM 1111 a(2)).

[Note, the statutory laws stated above only have the power to make naturalized citizens.]

7 FAM 1100
ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY

7 FAM 1110

ACQUISITION OF U.S. CITIZENSHIP BY BIRTH IN THE UNITED STATES

7 FAM 1112 what is birth “in the united states”?
“I always thought it was US soil which means the actual place someone was born was the most important thing, not one or both parents being a citizen.”

(CT:CON-538; 10-242014)

a. INA 101(a)(38) (8 U.S.C. 1101 (a)(38)) provides that “the term ‘United States,’ when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.”

b. On November 3, 1986, Public Law 94-241, “approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America”, (Section 506(c)),took effect. From that point on, the Northern Mariana Islands have been treated as part of the United States for the purposes of INA 301 (8 U.S.C. 1401) and INA 308 (8 U.S.C. 1408). (See 7 FAM 1120 Acquisition of U.S. Nationality in U.S. Territories and Possessions.)

c. The Nationality Act of 1940 (NA), Section 101(d) (54 Statutes at Large 1172) (effective January 13, 1941 until December 23, 1952) provided that “the term ‘United States’ when used in a geographical sense means the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United States.” The 1940 Act did not include Guam or the Northern Mariana Islands as coming within the definition of “United States.”

d. Prior to January 13, 1941, there was no statutory definition of “the United States” for citizenship purposes. The phrase “in the United States” as used in Section 1993 of the Revised Statues of 1878 clearly includes states that have been admitted to the Union. (See 7 FAM 1119 b.)

e. INA 304 (8 U.S.C. 1404) and INA 305 (8 U.S.C. 1405) provide a basis for citizenship of persons born in Alaska and Hawaii, respectively, while they

7 FAM 1113 Not Included in the Meaning of “In the United States”

a. Birth on U.S. Registered Vessel On High Seas or in the Exclusive Economic Zone: A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. Under the law of the sea, an Exclusive Economic Zone (EEZ) is a maritime zone over which a State has special rights over the exploration and use of natural resources. The Exclusive Economic Zone extends up to 200 nautical miles from the coastal baseline. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)).

b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.

c. Birth on U.S. Military Base Outside of the United States or Birth on U.S. Embassy or Consulate Premises Abroad:

(1) Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.

(2) The status of diplomatic and consular premises arises from the rules of law relating to immunity from the prescriptive and enforcement jurisdiction of the receiving State; the premises are not part of the territory of the United States of America. (See Restatement (Third) of Foreign Relations Law, Vol. 1, Sec. 466, Comment a and c (1987). See also, Persinger v. Iran, 729 F.2d 835 (D.C. Cir. 1984).

d. Birth on Foreign Ships In Foreign Government Non-Commercial Service:

(1) A child born on a foreign merchant ship or privately owned vessel in U.S. internal waters is considered as having been born subject to the jurisdiction of the United States. (See U.S. v. Wong Kim Ark.)

(2) Foreign warships, naval auxiliaries, and other vessels or aircraft owned or operated by a State and used for governmental non-commercial service are not subject to jurisdiction of the United States. Persons born on such vessels while in U.S. internal waters (or, of course, anywhere else) do not acquire U.S. citizenship by virtue of place of birth.

e. Alien Enemies During Hostile Occupation:

(1) If part of the United States were occupied by foreign armed forces against the wishes of the United States, children born to enemy aliens in the occupied areas would not be subject to U.S. jurisdiction and would not acquire U.S. citizenship at birth.

(2) Children born to persons other than enemy aliens in an area temporarily occupied by hostile forces would acquire U.S. citizenship at birth because sovereignty would not have been transferred to the other country. (See U.S. v. Wong Kim Ark.)