Posted on 03/23/2015 1:17:25 PM PDT by bigdaddy45
Foreign military bases are not “considered U.S. soil.” A child born on a foreign base is not born “under the jurisdiction” of the United States.
Excerpted from Section G of 8 USC 1401:
“Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person
(A) honorably serving with the Armed Forces of the United States, or
(B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; “
https://www.law.cornell.edu/uscode/text/8/1401
Military Children Born Abroad
Many parents of children born abroad want to know if their children are U.S. citizens. The U.S. grants citizenship in one of three ways: naturalization, in which someone becomes a U.S. citizen sometime after birth; birth on U.S. soil; or birth to parents who are U.S. citizens. Contrary to popular belief, military bases are not considered “U.S. soil” for citizenship purposes. Therefore, the only way children born abroad can acquire citizenship at birth is through their parents.
There are a wide variety of possible family arrangements possible, and each one has different citizenship implications.
If the parents are married to each other, the child is a U.S. citizen if:
Both parents are U.S. citizens, and at least one of the parents lived in the U.S. at some point before the child was born; or
One parent is a U.S. citizen, and the U.S. citizen parent lived in the U.S. for at least five years prior to the child’s birth, at least two of which were after the age of fourteen. Time spent serving the military or as a military dependent overseas counts as “time spent in the U.S.” for this purpose.
If the parents are not married to each other, the child is a U.S. citizen if:
The mother is a U.S. citizen, and spent at least one year in the U.S. prior to the child’s birth; or
Only the father is a U.S. citizen, and the father lived in the U.S. for at least five years prior to the child’s birth, at least two of which were after the age of fourteen (time spent in the military counts for this purpose). The child’s paternity must be established according to the laws of the resident country or through the father’s written acknowledgment. DNA testing may be required. In addition, the father must agree in writing that he will financially support the child. Citizenship must be applied for before the child reaches 18.
After the parents have determined that their child is a U.S. citizen, they need to apply for a Consular Report of Birth Abroad at the nearest U.S. consulate. The parents will need to submit an application (PDF), along with documentation proving the parents’ citizenship and the record of the child’s birth from the resident country. The Consular Report of Birth Abroad can be used later as proof of the child’s U.S. citizenship, and may be used to obtain a U.S. passport for the child.
Visas and Dual Citizenship
The child may need a visa to legally stay in his or her resident country. This will depend on the laws of the resident country and any treaties that may be in place with the U.S. Ask your commanding officer or qualified legal counsel about whether your child will need a visa and how to apply for one.
The child may also be able to obtain dual citizenship from certain nations. The United States does not take any official position on dual citizenship, but unofficially discourages dual citizenship because it can lead to a number of complications. For example, a dual citizen may need to pay taxes in two countries. Some countries require young men to serve in their military.
Other countries have their own policies on dual citizenship. Nearly every country has some process for formally renouncing citizenship, which may be necessary to avoid obligations to more than one country. Be sure to check with a local lawyer or a local government office to find out more.
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