Since the birth of royal baby Archie Harrison Mountbatten-Windsor on May 6, 2019, numerous news outlets have claimed that the newest member of the British royal family may be or may claim US citizenship. In this article, our New York immigration lawyer, explains why the royal baby is unquestionably a US citizen by birth.
Under Section 301(g) of the Immigration and Nationality Act, a child born in wedlock outside the United States is a US citizen by birth if the US citizen parent had lived in the United States for a total of 5 years, at least 2 of which were after the age of 14. The royal baby’s parents are married. His mother, Meghan Markle, was born in California and had lived in the United States until her marriage to Prince Harry at the age of 36. Therefore, the royal baby is a US citizen by birth and does not need to make any further claims to establish US citizenship.
The rules for derivative citizenship for a child born in wedlock may be found in INA § 301, which reads: “The following shall be nationals and citizens of the United States at birth: . . . (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years . . .”
As part of our immigration lawyer New York services, we regularly represent individuals in family-based immigration cases. If you are searching for an “immigration lawyer near me” because you wish to determine whether you acquired US citizenship by birth or you wish to apply for a family-based green card, please contact our New York immigration law firm office.
Our New York immigration lawyer is here to help you with your immigration case
Do you have a US citizen parent and are wondering whether you derived US citizenship? Do you wish to apply for a family-based green card? Are you searching for an “immigration lawyer near me”? As an experienced New York immigration law firm, Pandev Law has the knowledge and experience to guide you through your immigration case.
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