Legal Question in Immigration Law in New York
Claim Citizenship
My father was in a diplomatic status while I was born in the USA. He was not a career diplomat. I turned 18 last month and wish to live in the USA by myself. I want to claim my citizenship. Can anyone help find the law under which I can claim my citizenship?
1 Answer from Attorneys
Re: Claim Citizenship
The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.
The fact that your father was not a "career diplomat" may affect this, because normally a child born on American soil automatically gets U.S. citizenship, unless the child is born to a foreign government official who is in the United States as a "recognized diplomat."
However, you may be eligible to apply for adjustment of status to permanent residence if you meet certain requirements. Please telephone us at (212) 618-1830 to see if you qualify.