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What is the definition of American Citizenship?


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#1 SNHUMATHMAJ

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Posted 08 January 2013 - 08:15 PM

During the Reconstruction, Secessionists had to petetion for pardon to have their citizenships reinstated, and blacks were Constitutionally made citizens. It looks like since Amendments 13, 14, & 15 have been enacted, the legal definition of a Citizen is anyone who was born here, has one or two parents who meet U.S. residency requirements, or passes the Citizenship test.
Please only answer this post if you are really really interested. I'm wondering what the major philisophical schools of thought are in America's present day legal system regarding who should really be a citizen (I mean Citizen, born here or not born here.) I know that a lot of legislation comes out of the Constitution & that it can't possibly be as simple as just being born!
Also, do some of you who like to read legal histories have a pointer or two for me to research case law relating to citizenship status in this country? I mean from the founding on up. It all looks really confusing to me. People couldn't be considered citizens at varied times in our history if they were black, if they were women, if they couldn't read, if they didn't own property, or if they'd joined the British navy in the War of 1812 or something.
How much do other people here think that the Civil Rights granted to freedmen in the 1800s drove the expansion of our nation's views and the legal precidents that led to woman's sufferage, for example?
I'm posting here because to me it looks like Citizenship is a much more complicated thing than just being born or passing a test. I'm a math major & I was born in Washington State. I have spent considerable portions of my youth in the United Kingdom.
Anyone interested in this conversation please respond, I'm not here because I need to go to court or anything so go ahead and take your time thinking about it.
Hoping to make new friends, etc.

#2 doucar

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Posted 09 January 2013 - 12:11 AM

Under the 14th amendment to the constitution, it is just a simple as it says. If you are born here you are a citizen. Also if your parents are citizens and you are born outside the country you are a citizen. When you are an adult, you may be asked to chose which country, if the foreign country requires it.

You can also legally immigrate, live here for five years, and apply for citizenship. Your background will be checked and then you will take a test. If you pass, you will be sworn in as a citizen.

The debate now is about 14th amendment citizenhsip, being born here. Many feel that illegal immigrants come over here and give birth so that their children will be us citizens. Many want to change ths, but no one has come up with a workable solution acceptable to all sides.

#3 SinCityMozart

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Posted 14 January 2013 - 09:38 AM

Jus soli and jus sanguinis. Birth on U.S. soil or on U.S. territories, U.S. military installations, embassies, etc. or by 'blood' - if one or both parents is/are U.S. citizen(s).

I think that the issue of 'anchor babies' is a bit moot. A baby can't petition for his parents. The child has to be 21 years of age or older to petition for the parents. Even so, there are the usual problems with entries without inspection, overstays, 3/10 yr. bars, waivers of inadmissibility, etc.
Corporate immigration professional, immigrant, law and college basketball aficionada. Go Duke!

Disclaimer:

I am not an attorney. Always consult with a qualified attorney for advice specific to your case and circumstances.

#4 Guest_FindLaw_Amir_*

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Posted 15 January 2013 - 02:54 PM

You may visit the Immigration Law Center and read Citizenship to learn more about this subject matter.

Hope that helps.




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