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Gun Rights and Security Issues Gun Control, Crime, Drugs, Defence, Homeland Security, Immigration, Law Enforcement

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  #76 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by Eagle88 View Post
Actually, no.
So, a child to American citizens born outside the US isn't a citizen?
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  #77 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by pramjockey View Post
I'm paring this down, 'cause it seems like this is the meat of your post.

What do you do if one parent is legal, and the other illegal? Does it matter if it's the father that's the legal one vs. the mother?
In that case I would be willing to grant the child citizenship but the illegal parent would still be deported. The parents can discuss who the child will stay with. If the illegal parent wants to come back to the US then they can get citizenship or residency the legal way and then there would be no problem with the illegal parent coming here.
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  #78 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

But what if the parents disagree?
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  #79 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by pramjockey View Post
So, a child born to parents who live outside the US, but who are legal residents would be a citizen? What if only one parent is a citizen, i.e. a soldier has sex with a man while deployed, and gets pregnant. At what point does the child become a citizen?


edit: the other consideration: proving who the father is. Do we require paternity tests for all children born to make sure that the father is a legal resident?
Just because someone is outside of the United States for a period of time doesn't mean they are not legally a resident of the U.S.
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  #80 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by tamperpr00f View Post
Just because someone is outside of the United States for a period of time doesn't mean they are not legally a resident of the U.S.
I understand that. But, of course, that doesn't actually answer the question.
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  #81 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by Eagle88 View Post
How does it do that?



Well, I was actually talking about whether or not citizenship should be granted to the child of an illegal immigrant. The opening clause of the 14th amendment declares already what it takes to be a citizen of the US. (This is why I am confused about pramjockey's comments) Basically, 1. the person must be either born or naturalized here and 2. the person must be subject to the jurisdiction of the United States. If a person meets these two criteria then they are a citizen. My stipulation is that the children of illegal immigrants not subject to the jurisdiction of the US.
The USSC case I cited makes it very plain that they are subject to the jurisdiction of the US.

Matt
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  #82 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by pramjockey View Post
So, a child born to parents who live outside the US, but who are legal residents would be a citizen?
Yes.

Quote:
What if only one parent is a citizen, i.e. a soldier has sex with a man while deployed, and gets pregnant. At what point does the child become a citizen?
The child is a citizen because it's mother is a citizen.
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  #83 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by tamperpr00f View Post
The child is a citizen because it's mother is a citizen.
Try and get the USCIS to understand that.

Just try.

It's taken 3 years and thousands of dollars and we still cannot get them to comprehend that......
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  #84 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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The USSC case I cited makes it very plain that they are subject to the jurisdiction of the US.

Matt
If so then I go to my position that we then need a Constitutional Amendment to stop the children of illegal immigrants who are born here from getting citizenship at birth.
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  #85 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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If so then I go to my position that we then need a Constitutional Amendment to stop the children of illegal immigrants who are born here from getting citizenship at birth.
Even if only one parent is illegal?
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  #86 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
Even if only one parent is illegal?
I thought if a citizen married a citizen of another country there were steps in place to allow noncitizen to become naturalized.
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  #87 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
How do you blame a baby born on US soil for "disregarding laws?"
The issue is with the mother. If you're going to be in this country illegally, then go right ahead. But, if you then get caught, then don't bitch and whine about the consequences. If she put this much effort into fighting for the illegal alien movement, why couldn't she have put that much effort into becoming a US citizen. And why all the sudden are we concerned with tearing apart this family. She left her child in the US willingly. If we are so concerned about this, then we should put children in jail that have mothers and fathers in there. Are we not destroying those families also? Michael Vick can lead the pee-wee football program in there.
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  #88 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by tamperpr00f View Post
I thought if a citizen married a citizen of another country there were steps in place to allow noncitizen to become naturalized.
But we weren't talking about marriage.
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  #89 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

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Originally Posted by pramjockey View Post
But we weren't talking about marriage.
Ok maybe I misunderstood. Could you cite a specific example of what you mean as a way of helping me get on the same page with you?
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  #90 (permalink)  
Old 08-22-2007
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Re: Hit The Road, Elvira...

Quote:
Originally Posted by MattLarson View Post
Try and get the USCIS to understand that.

Just try.

It's taken 3 years and thousands of dollars and we still cannot get them to comprehend that......
I'm not sure, but I think they hire some of the most innane folks. It must be a requirement.

Certainly not an anecdote as important as your family's situation but I will relate my experience with the INS (pre-9/11) - year 2000.

I was a grad student. The university had to make sure that the numerous foreign students had their visas an I-9 forms in order. It was a hassle for them, but necessary.

So, I fill out my I-9; I'm a citizen so it was a no-hassle paper to fill out - just a check in a box at the beginning of the form.

I get called to the the county's INS office for an interview. I don't know why, but I go. Before I go, I just happen to think that it's a govt office, so I better bring some papers with me. I bring my passport and an official birth certificate.

I have to wait in one of three lines - the line for visas of one type and another line for visas of other types and a line for green cards. I'm not sure which line I need to stand in because I don't have a visa. I ask at the information desk. We argue a bit but he insists that I have to wait in one of the three lines. I randomly pick one a visa line. I get into an office for the interview, and she asks me what visa I have. I tell her none. She asks why not. I tell her I'm a citizen and prove it to her. Obviously, her brain short circuits because all she asks me is why I don't have a visa. She doesn't know what to do when a citizen comes into her office.

Making a long story of waiting in lines, getting into an interview, getting told I have to wait in another line, short, I finally get into an office of some one with an ounce of sense.

She says that the university screwed up and filed my I-9 as an I-9 without documentation of a visa - true, but they failed to originally get my I-9 in the pile of I-9s for citizens. She says she will close my case. Being a bit concerned about even having a case with the INS, I asked for something in writing indicating the nature of my "case" and what happened. That wasn't going to happen because they had no system in place for my "situation". After aguing that I don't have a "situation", nothing changed. I wasted a whole day at the INS office and became a closed case at the INS (to the best of my knowledge, that is).

Ridiculous.
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