Is American citizenship automatic when born on US soil? The US constitution states that All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not? Or does this amendment just offer the possibility of requesting citizenship? In other words: is there an action to be made in order to become a US citizen when born in the US (and therefore one is not before this action is performed)? Note: this question is different from another one which deals with the "and subject to the jurisdiction thereof" part. Mine is about the automatism (or lack of) of the acquisition.
Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not? Yes (subject to a couple of exceptions, namely the children of diplomats with full immunity and the children of a hostile foreign occupier). Or does this amendment just offer the possibility of requesting citizenship? In other words: is there an action to be made in order to become a US citizen when born in the US (and therefore one is not before this action is performed)? No. For someone who falls under the 14th amendment's citizenship clause, the only way to avoid being a US citizen is to relinquish or renounce it, which generally means that one is stuck with the US citizenship for at least 18 years. Most countries' citizenship laws, or at least all of those with which I am familiar, operate this way—automatically—for "normal" cases of acquisition of citizenship by virtue of the circumstances of birth. This is true whether the citizenship derives from the place of birth or from the parents' citizenship.
Yes, so long as you are still a US citizen, it does not matter if you no longer maintain residence in the United States. If you no longer have any sort of residence that can be claimed as a current residence, you simply register at whatever the last residence you used was when you lived in the United States (even if someone else lives there now). You would then have an absentee ballot mailed to you overseas. However, if you don't maintain any sort of residence in the United States, you will only be eligible to vote for federal offices (president, senate, house). You won't be allowed to vote in state or local elections. The keywords you'll need for voting are: UOCAVA, which is a program that allows for easier voting overseas (in some cases the ballot can actually be emailed to you and you are only responsible for printing it out, filling it out, and mailing it back). FPCA, which is the form you fill out. It actually doubles as a registration and an absentee ballot request, so you only have to fill out one form. The absentee request is good for all elections in the calendar year it is submitted, so you only have to fill it out once for both the primary and the general.
Marriages are controlled by state law, immigration is governed by federal law. In no state is a marriage automatically &quot;cancelled&quot; for committing a crime, much less for violating an immigration regulation. So you will remain married until you or he changes that.
The law was changed several times, and different versions apply to different age groups because certain rules were not changed retroactively. The page you link describes the situation for children born after the year 2000. My advice: citizenship is such a serious matter that you should consult a specialized lawyer, not a random crowd on the web.
When you marry a US citizen you do not have to be placed on a waiting list for a green card, since you are an immediate relative of a citizen. That would speed it up in the sense that your application would not be on a waiting list, but it still has to be reviewed. This article describes how the filing process works: https://www.alllaw.com/articles/nolo/us-immigration/how-get-green-card-after-marriage-citizen.html
The list is enormous. For example, if subpoenaed to appear in a legal case, you must appear pursuant to the order. If ordered to pay child support, you must pay child support. If you are an executive in a company, you may not act on the basis of non-private information regarding the company. Your comment that &quot;If it's not detailed on this list, you'll probably never be concerned with it, eg, gun registration laws and other situations that don't apply to most residents&quot; applies to a number of things on the list, for example most people are not called for jury duty, probably the majority of people are not subject to property tax requirements. most people do not have to register for the draft. By adding &quot;If X...&quot;, you can make these into universal rules – everybody that meets the filing requirements must file federal income taxes. Non-citizens have a few additional requirements, but they are a drop in the bucket compared to the general case, obey the law which applies to everyone.
The interpretation of state rules of civil procedure is a matter purely for state courts. Whether a state procedural rule (or even substantive approaches to jurisdiction) violates federal law, including the U.S. Constitution, is a question of federal law, but state courts are still competent to answer such questions that arise in the process of state litigation, subject only to precedent from the Supreme Court of the United States. I may be starting to just repeat things now, but even if the legal issue you're interested in (the extent to which trial courts are divested of jurisdiction during non-frivilous interlocutory appeals in matters controlled by the FAA) is substantive or jurisdictional rather than procedural, Federal circuits do not bind state courts. However, the Supreme Court of the United States can provide binding prcedent on federal law that state courts must apply. I could see the reasons in Coinbase being written broadly enough to apply to both state and federal proceedings.
There are two approaches to determining citizenship: where you are born (jus soli – this holds in the US), and who you were born to (jus sanguinis – the case in India). There are mixes of these systems, such as where a person born to an American but not in the US is still an American citizen (e.g. Ted Cruz). Canada allows Canadian citizenship to be inherited outside Canada by 1 generation, so a child born outside Canada to Canadian parent born in Canada is a Canadian citizen. A child born outside Canada to Canadians born outside Canada is not a Canadian citizen. If that child is born in India and the parents do not have dual citizenship, the child is stateless because at least one parent has to be Indian to acquire Indian citizenship at birth. There are various exceptions to the generalization about only revoking citizenship with dual nationals. In 1962, about 20% of the Kurdish population in Syria had its citizenship revoked. Albert Einstein was stateless for 5 years, after he renounced his (German) Baaden-Württemberg citizenship. There is no law in the US that prevents you from renouncing your citizenship, there is simply a particular formality that has to be followed. Wikipedia names a half-dozen US citizens who relinquished their US citizenship and had no other citizenship (thus were stateless). The Japanese Nationality Law limits dual citizenship and requires children to make a decision at age 22. Iran, however, prohibits renunciation of citizenship to the offspring of an Iranian male (it is automatically assigned to the child). A Japanese-Iranian child born (in Japan) to an Iranian father would might seem to have to become Iranian; but apparently Japan requires you to perform the act of renouncing, and does not require that the other country recognize the renunciation. The point is that renouncing citizenship involves the laws of two countries: the country that you renounce may or may not accept the renunciation, and the country that you renounce in favor of may or may not accept the renunciation. Section 10 of the Norwegian Nationality Law exemplifies a further variation in concepts of renunciation as part of gaining Norwegian citizenship, and statutorily acknowledges the problem or countries not allowing citizens to renounce citizenship. There is a requirement of naturalization that "the applicant must be released from any other nationality before the application may be granted", which also allows that it's okay if you can be so released after being granted Norwegian citizenship: or, ultimately, "An exemption may be granted from the requirement regarding release if release is deemed to be legally or practically impossible or for other reasons seems to be unreasonable". (The law in Norwegian is here: a Norwegian lawyer would be better able to comment on the interpretation of the text, but my reading of the law, especially the requirement to be "løst fra annet statsborgerskap", specifies the realized result of being released, and not the act of renunciation, hence "release" in the translation). If a person has dual US-Ukrainian citizenship, they might symbolically renounce their Ukrainian citizenship to avoid an expected revocation of US citizenship and deportation to Ukraine. But the US has no law that says that it must recognize the renunciation of a foreign citizenship. Canada and Australia do not allow you to renounce your citizenship if it would result in statelessness, but not all countries have such a requirement. See for instance sect. 9 of the Citizenship Act of Canada: Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada... There is, however, no specific law that compels Canada to recognize a person's renunciation of some other country. So whether the described strategy would have any effect depends on the extent to which the "retained" state is compelled to recognize a renunciation of a foreign citizenship.