Sunday, February 27, 2011

7 FAM 1113 NOT INCLUDED IN THE MEANING OF "IN THE UNITED STATES"

U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs

7 FAM 1113 NOT INCLUDED IN THE MEANING OF "IN THE UNITED STATES"

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.

7 FAM 1112 WHAT IS BIRTH “IN THE UNITED STATES”?

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.”

Outside of the country – the status of the land upon which a military base is located is governed by international treaty, law and what are known as Status of Forces agreements.

The citizenship acquired by birth on a military installation or consular facility is through the US Citizenship status of the parents. Also, any births to US citizen overseas must be registered with the consulate or authority on the base.

"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 parent can only pass citizenship onto a child born on foreign soil if the parent in question has been a resident of the usa for at least ten years with those ten years not beginning before the age of sixteen.

(This means people born on military bases overseas are not considered born in the US. The citizenship of the parents determines the citizenship of person born on a US military base. Here it is in black and white.) Story Reports

U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs

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