Understanding Birthright Citizenship May Be The Key to the Protection of Your Rights

Birthright citizenship is the presumed right to citizenship of the country where you are born. In some countries, children are citizens of their parents’ homeland no matter where they were born. Understanding birthright citizenship is important in order to ensure the protection of your rights and the rights of your children. In the United States, children born on U.S. soil are generally considered to have U.S. citizenship.

Birthright Citizenship

Birthright citizenship applies to anyone born in the United States. This right is granted by the U.S. government. U.S. citizenship is provided to anyone born in the country regardless of their reason for being here. For example, a baby born to a tourist visiting the U.S. is considered a citizen of the United States. This is not true in many other countries, where children are generally born with the same citizenship as their parents.

Immigrant Parents

Although children born here are automatically citizens, the same is not true of their parents. Simply having a child born in the U.S. does not make the parent a citizen. The parent continues to have his or her legal citizenship no matter the status of the children.  In some cases, all of the children may be born in the U.S. to illegal immigrant parents. This does not provide additional legal citizenship rights to the parents. The situation will actually complicate the family unit and can make it difficult for families to remain together.

Future of Birthright Citizenship

While birthright citizenship is a popular topic among legislators and politicians, the United States has thus far not made any changes the laws on this matter. Certainly there could be some changes to come in the future. Some countries that used to allow birthright citizenship have since repealed their laws. Several of the countries to do so include New Zealand, Australia, India, and the U.K.

Citizenship for Families

For families, the most important consideration is that they are allowed to remain together. The U.S. does not typically take the children of immigrants into consideration when they are making rulings regarding visas and other immigration matters. Parents of children born in the U.S. could be deported even though their children would be allowed to stay in the country. Families may need to make important decisions regarding how to move forward with visa applications. Consult with the knowledgeable immigration lawyers at Udall Shumway PLC to discuss your case today.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Understanding Birthright Citizenship, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.