Thread by @GREENESJ333

@EmeraldRobinson @lordbuckly In october 1964 if two foreign born students in the US had a child in the US and its mother's visa had expired, is the child a US citizen?
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@EmeraldRobinson @lordbuckly Based on the provided search results, we focus on the relevant information regarding children born in the United States to foreign-born parents, particularly in the context of expired visas.
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@EmeraldRobinson @lordbuckly Key Findings
INA 301 and 309: The Immigration and Nationality Act (INA) governs acquisition of U.S. citizenship at birth. For children born in the United States, the relevant sections are INA 301 and 309.
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@EmeraldRobinson @lordbuckly Physical Presence Requirement: For children born out of wedlock to a U.S. citizen mother, the mother must have been physically present in the United States or one of its outlying possessions for 1 continuous year before the child’s birth...
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@EmeraldRobinson @lordbuckly (see Table 2 of Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)).

Expired Visa: Since the mother’s visa had expired, we must consider the implications for the child’s citizenship.
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@EmeraldRobinson @lordbuckly Conclusion

Given the circumstances:
The child was born in the United States in October 1964.

The mother, a foreign-born student, had an expired visa.
The father was also a foreign-born student.
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@EmeraldRobinson @lordbuckly Based on the physical presence requirement (1 continuous year before the child’s birth), the U.S. citizen mother’s presence in the United States before the child’s birth is crucial. Since the mother’s visa had expired,
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@EmeraldRobinson @lordbuckly her physical presence in the United States would not be sufficient to confer U.S. citizenship to the child.
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@EmeraldRobinson @lordbuckly Result
In this scenario, the child would not automatically acquire U.S. citizenship at birth due to the expired visa. However, it is essential to note that this analysis assumes the mother did not have any other lawful status...
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@EmeraldRobinson @lordbuckly or authorization to remain in the United States, such as a pending adjustment of status or a pending asylum application.
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@EmeraldRobinson @lordbuckly Additional Considerations
If the mother had any other lawful status or authorization to remain in the United States, it may impact the child’s citizenship status.
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@EmeraldRobinson @lordbuckly Additionally, if the child was legitimated under the age of 16, the law would require both parents to naturalize, which could affect the child’s citizenship.
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@EmeraldRobinson @lordbuckly Recommendation
To determine the child’s citizenship status accurately, it is recommended to consult the relevant immigration authorities or
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@EmeraldRobinson @lordbuckly an experienced immigration attorney to assess the specific circumstances and applicable laws at the time of the child’s birth October 1964
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