If Child is born to Canadian mother and American father could mother gain American citizenship after giving birth to child in US?

Answer 1

The infant will be issued a certificate of live birth by the Canadian province in which the infant was born; that is, the baby becomes a Canadian citizen through Canada's jus soli. And, the baby most likely becomes a U.S. citizen through the American jus sanguinis, depending on the effect of Title 8, United States Code, section 1401 et seq., although if 8 U.S.C. §1401 et seq. applies to deem the infant a U.S. citizen by birth, steps should be taken to affirmatively assert that citizenship, such as obtaining a U.S. passport for the infant. It is only if these conditions are satisfied that the infant becomes a "dual citizen" under American law. If 8 U.S.C. §1401, et seq., were to be deemed to not apply, the infant would have to be naturalized to American citizenship under Title 8, United States Code, section 1421, et seq., in order to become a U.S. citizen.

It is instructive to understand what "Dual Citizenship" actually means.

The United States has two types of citizenship, citizenship by birth and citizenship by naturalization.

U.S. citizenship by birth and "dual citizenship"

The specification of what characteristics must accrue to those accorded U.S. citizenship by birth is primarily set forth in Title 8, United States Code, section 1401, but 8 U.S.C. §1401a, 8 U.S.C. §1402, 8 U.S.C. §1403, 8 U.S.C. §1404, 8 U.S.C. §1405, 8 U.S.C. §1406, 8 U.S.C. §1407, 8 U.S.C. §1408, and 8 U.S.C. §1409 also speak to this.

Some of those accorded U.S. citizenship by birth include persons born outside the United States. For instance, inter alia, 8 U.S.C. §1401(c), 8 U.S.C. §1401(d), 8 U.S.C. §1401(g) and 8 U.S.C. §1401(h) specify characteristics accruing to individuals who are considered U.S. citizens by birth, but who are born outside the geographical boundaries of the United States. This is the American jus sanguinis.

It is therefore corollary to this status that those individuals are both entitled to U.S. citizenship by birth through the jus sanguinis and citizenship in and of the relevant foreign nation through that nation's jus soli. That is, when one is a U.S. citizen by birth because one has the characteristics accruing to oneself that are specified in 8 U.S.C. §1401 et seq., it is a matter of birth, and not choice.

Therefore, by the jus soli as to both countries, one is a U.S. citizen by birth and in some way is subject to the citizenship laws of the foreign nation, simultaneously. This status is what is meant by the term "dual citizenship".

U.S. citizenship by naturalization and the legal impossibility of "dual citizenship"

U.S. citizenship by naturalization, however, stands in contrast to this. Particularly instructive about U.S. citizenship by naturalization, set forth in Title 8, United States Code, section 1421, et seq., is 8 U.S.C. §1448(a)(2):

"[a] person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath:

...

to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen[.]"

What this means is that under U.S. law, at the moment of naturalization, by U.S. law one is no longer a citizen of the nation from which one originated, and henceforth is only a U.S. citizen. Therefore, for naturalized citizens of the United States, it is legally impossible to be a "dual citizen".

Actually yes, the child would be a Canadian citizen because that was where he/she was born. The child can get dual citizenship if the US parents file papers stating the child was born out of country.

I don't know if the laws have changed but my parents were American citizens who came to Canada in 1935 and never gave up their American citizenship or voted in Canada. They had 2 children - my brother went back to the US before he was 21 and joined the US Army and IS an American citizen. I stayed in Canada and voted in Canadian elections - which makes me Canadian. To my knowledge my parents never registered either one of us to get dual citizenship.

Answer 2

The baby would be English and if you wanted you can file papers for the baby for his Canadian citizenship as well.

The baby COULD be English. Baby can always become the nationality of a parent, but you are going to have to go to the embassy to let them know....

The baby would likely be entitled to dual citizenship. It will automatically be British, but if you contact the Canadian Consolate they can give you more information. My daughter is a dual citizen of both the US & the UK. I'm American & my ex husband was British. She was born in the US, but I was told that all I need do is apply for a British passport, or place her on my ex husband's passport (not sure if that's allowed anymore, but it was 11 years ago). I understand that Canadian citizenship laws have a lot in common with American laws, so it's worth checking into!

Answer 3

No Just the Child.

Answer:

No, but I believe the child can choose between the two when they turn 18 if they are still living in America. The child may also qualify for dual citizenship.

Answer 4

you need to register as an American Born Abroad before 18, so probably not.

Answer 5

Sure she can. She would have to go through all the normal channels for citizenship.

Answer 6

Unfortunately it cannot happen. Citizenship always is received from parents to the child and won't work the other way around.

Answer 7

100% yes, the child will automatically get it same day as you.