Child born in US while parents holding a diplomatic A2 visa status

[Redy]

What is the name of your state (only U.S. law)?
Dear Sir/Madam.
My wife and I have a diplomatic A2 visa status while working with a foreign government in USA since 1977. On Oct 1983, my child was born in the US. Then we went back for good to home country since Mar 1985.

My question:
1) Is my child eligible to apply a US Passport in US Embassy of home country as a US Citizen since he was born in US and already have a long form birth certificate issued from the state that he was born in the US and also a Social Security Number?
2) Are there any others requirements in order my son can apply the US Passport?
3) Or Are there any regulations/law that my son is not eligible to get a US Passport if his parent while in US holding a diplomatic A2 visa status?
My son age now is 26 years old, still single and would like to continue his study in the US.

I appreciate much for your answer. Thanks.

Regards.
Redy
[email]Redmac7@yahoo.com[/email]

[Banned_Princess]

Now, this being the first time I even attempted to open an immigration thread, My answer about his son is.

1, does he have a birth certificate and Social security number?

2. does he have acceptable identification from where ever it is you are?

Then he can get a passport to come back here.

He was born here, he is a citizen. I doubt there is any way to deny that or I'd be very busy.

[evcalyptos]

From USCIS.gov (google for the long link that can't be posted here).

I'm curious what Banned_Princess' post means though.

Green Card for a Person Born in the United States to a Foreign Diplomat

A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.

To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:

* Ambassadors
* Ministers
* Charges d’affaires
* Counselors
* Secretaries and attaches of embassies and legations
* Members of the Delegation of the Commission of the European Communities

It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.

For more information, refer to Section 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act (INA) and 8 CFR 101.3, 101.4 and 264.2 (see the “INA” link to the right).

[Banned_Princess]

Originally Posted by evcalyptos

From USCIS.gov (google for the long link that can't be posted here).

I'm curious what Banned_Princess' post means though.

Green Card for a Person Born in the United States to a Foreign Diplomat

A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.

To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:

* Ambassadors
* Ministers
* Charges d’affaires
* Counselors
* Secretaries and attaches of embassies and legations
* Members of the Delegation of the Commission of the European Communities

It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.

For more information, refer to Section 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act (INA) and 8 CFR 101.3, 101.4 and 264.2 (see the “INA” link to the right).

So,... Does this mean the only children that are born here, who were born to foreign diplomatic officers, (who have a diplomatic status) are not naturally citizens?

So,... was that because the Diplomats from other country's wanted there American born children to be of their own nationality? It has to do with Diplomatic immunity? What if the father was diplomat and the Mother was a citizen?

So, diplomats are exempt from ALL the rules.

But the child can come back and be a permanent resident with his birth certificate?

Interesting.

[Redy]

Thanks to all for the answer.

Redy
[email]Redmac7@yahoo.com[/email]

[Redy]

1. Yes he does having a long form birth certificate and a Social security number;
2. Yes does acceptable id.

Tks/Redy

Originally Posted by Banned_Princess

Now, this being the first time I even attempted to open an immigration thread, My answer about his son is.

1, does he have a birth certificate and Social security number?

2. does he have acceptable identification from where ever it is you are?

Then he can get a passport to come back here.

He was born here, he is a citizen. I doubt there is any way to deny that or I'd be very busy.

[Redy]

Originally Posted by evcalyptos

From USCIS.gov (google for the long link that can't be posted here).

I'm curious what Banned_Princess' post means though.

Green Card for a Person Born in the United States to a Foreign Diplomat

A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.

To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:

* Ambassadors
* Ministers
* Charges d’affaires
* Counselors
* Secretaries and attaches of embassies and legations
* Members of the Delegation of the Commission of the European Communities

It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.

For more information, refer to Section 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act (INA) and 8 CFR 101.3, 101.4 and 264.2 (see the “INA” link to the right).

Many thanks for your answer and useful info.

FYI: I am neither a foreign diplomatic officer nor an official staff of that foreign government. I am just a common full time employee; they employed me while I am studying part time in the US. The A2 visa status was issued in US at Washington, DC, sponsored by that foreign government institution because I was holding a student visa at the time.

[xylene]

Have your child contact a US lawyer.

US citizenship and or rights to live in the US are good things.

[Redy]

Originally Posted by xylene

Have your child contact a US lawyer.

US citizenship and or rights to live in the US are good things.

No not yet. Please see my quote on evcalyptos.

Thanks for the answer.

[evcalyptos]

Originally Posted by Redy

Many thanks for your answer and useful info.

FYI: I am neither a foreign diplomatic officer nor an official staff of that foreign government. I am just a common full time employee; they employed me while I am studying part time in the US. The A2 visa status was issued in US at Washington, DC, sponsored by that foreign government institution because I was holding a student visa at the time.

I really recommend that you consult with and perhaps hire an immigration lawyer to help you with your case; if you yourself were not the diplomatic officer, there may be some loophole that isn't immediately obvious. You will want to get it right, of course, so it's worth paying for.

There is only one self-identified immigration attorney who posts to this group, and I don't see her name in this thread. Keep in mind that we are all interested amateurs but your situation is not usual or average in any way.

The portion I quoted is one place for you to start, but I predict a lot of painful digging for information. If I see anything, I will post it back, but in my opinion, you need a lawyer.