Military Citizenship

If there's one thing the military needs, it's more paperwork.
"The policy change explains that we will not consider children who live abroad with their parents to be residing in the United States even if their parents are U.S. government employees or U.S. service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically," USCIS spokesperson Meredith Parker told Task & Purpose.

"For them to obtain a Certificate of Citizenship, their U.S. citizen parent must apply for citizenship on their behalf."

The process under INA 322 must be completed before the child's 18th birthday.
So are they considered 'natural born' citizens for the purpose of running for President? I suppose there's no actual legal standard for that, since there's 'no controlling legal authority.'


Assistant Village Idiot said...

I hadn't realised this was a problem that needed solving.

Grim said...

I’m pretty sure it wasn’t.

Grim said...

I’m seeing reports now that the earlier story was wrong, and this only applies to adopted children. We will see.

Christopher B said...

The original concept seems extremely dumb as military or diplomats deployed on foreign soil are the very definition of people 'not under the jurisdiction' of the territory where they reside so it does nothing to advance a reconsideration of citizenship under the 14th.

douglas said...

Before seeing the clarification, I was going to posit that it might be a 'creative' interpretation of the policy for execution by the agency involved by some bureaucrat trying to stir trouble for Trump. Hopefully not.

Grim said...

According to Task & Purpose, this evening, the change applies to two groups of children:

1) Children whose parents, though servicemembers and/or gov't employees, are not US citizens AND ALSO which children are born abroad. If they're born here, they're US citizens; if their parents are US Citizens, they're also automatically US citizens.

2) Children who are adopted abroad, and were born otherwise than as US citizens.

So if you were born in Mexico and enlisted in the US Army to obtain your citizenship, have not yet attained it, are shipped to Germany and marry a German national and the two of you have a child while in Germany, then it would apply to you. Or if you and your wife adopt a child in Germany (or Korea, say), the child would have to go through the naturalization process rather than being automatically assigned citizenship.

For servicemembers who are citizens, or whose children are not born abroad, there's no issue.

Grim said...

Here's the T&P link.