Is this person illegal???

Question

If someone's has one parent who is a citizens of the U.S., but was born in another country, came here at a very young age, and has no social security number or documentation, but has lived here almost 16 years, is this person a citizen or illegal? (This person's parent has been working and paying taxes in the U.S. the whole time).

Answer 1

WOW...

That is a screwed up scenario that can easily be fixed.

Do that kid a favor by telling the U.S citizen parent to get off their lazy *** and do the right thing and FILE the necessary paperwork so that the child can have citizenship.  

Do you know if the child came here legally OR illegally?  Why on earth did this parent allow the child to be illegal all of these years ?  That does not seem right at all.  The parent needs to stop being lazy and get onto this ASAP before the child gets older and finds that they can't even get a drivers license because they have NO SSN because their parent was too lazy to file for them.

Answer 2

The person in question is eligible for US citizenship, however the citizenship does not come automatically.  It has to be filed for.  There are two ways of doing this.

First, the birth could have been registered at the closest US embassy or consulate in the country the birth occurred in.  I believe that can be done up to the age of 18, although I am not sure.  It's a cheaper way of doing things, but at this point it might be too late or involve too much logistical complications.

The second way is to file Form N-600.  This can be found on the USCIS.gov website.

For the record, the person is eligible for US citizenship if at least one parent is a US citizen and has had residence in the United States for a set period of time (five years?).  Form N-600 details some of the requirements.

The person in question is here illegally because they are without proper documentation.  But if law enforcement detained this person and the person declared US citizenship, the citizenship would have to be proved but that would be the end of the story.  A citizen won't be deported if they can support their assertation.

Answer 3

I think they would have to take a citizenship test to become legal.

Answer 4

The Child Citizenship Act, which became effective on February 27, 2001,amended the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children-including adopted children-of U.S. citizens. Specifically, these children include:

Orphans with a full and final adoption abroad or adoption finalized in the U.S., Biological or legitimated children, Certain children born out of wedlock to a mother who naturalizes, and Adopted children meeting the two-year custody requirement.

This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.

In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance.

Answer 5

It is a very good chance you are legal but without documentation.  No that is not another way to say you are illegal.

Based on Nationality law,

"For persons born on or after November 14, 1986, a person is a U.S. citizen if all of the following are true:

One of the person's parents was a U.S. citizen when the person in question was born;

The citizen parent lived at least 5 years in the United States before his or her child's birth;

and

At least 2 of these 5 years in the United States were after the citizen parent's 14th birthday."

Find the answer to those three qualifications.  

Good Luck

Answer 6

if his or her parent forgot to register their birth Abroad then YES! The person can be considered illegal...

children born overseas to U.S citizens don't get  automatic U.S citizenship .They need to be register at the U.S embassy to get U.S citizenship (U.S law).

Answer 7

No!

Mexicans try this trick all the time.

Answer 8

If the parent was a US citizen at the time of his/her child's birth, the child has a right to US citizenship wherever it is born.  The parent has to register the "birth to a US citizen while abroad" at the nearest US consulate and obtain a US passport for the child.  The child should then have entered the US on the US passport, and the parent was required to obtain an SSN for the child to report it on the annual income tax returns.

If the parent was not a US citizen at the time of the child's birth, but obtained US citizenship later, the parent should have arranged for his/her child to obtain US citizenship at the same time.  

If the parent did not do the necessary with immigration on behalf of the minor child, that child is an illegal alien and must return to its country of citizenship (country where parent was a citizen at time of the child's birth) before turning 18.  If the child returns & remains in its own country, it can subsequently apply for immigration, if qualified and if the US citizen-parent will sponsor immigration, and the child will not have its parents' illegal actions (smuggling in a child and keeping it here without proper documentation) held against the child.

This person needs to find out from the parents what the deal is, what the child's status is, and why they neglected to naturalize their child.

Answer 9

It doesn't matter if they were born in another country, you said yourself they are a citizen. Jesus, what is this? 1984 is becoming more real each day. If they are paying taxes, they have a social security number - go read a goddamn book - I know read 1984 since we just talked about it.

Answer 10

it depends where the person was born, it does not matter how young or old the person was, all that matters is their birth place, they must have a birth certificate, so they need to file for a green card, it doesnt matter if they have paid taxes

its like saying i pay taxes i should be legal, all that maters is paperwork   gluck

Answer 11

it depends if the one parent who is a legal citizen was a citizen when the child was born (which I'm assuming not because the child has no ss#) if he was born before the dad became a citizen, he'll have to wait 'till he's 21 to get his citizenship.

besides, what does it matter?

Answer 12

If one parent is a US citizen, they are a US citizen.

We have become a nation of snitches.

Answer 13

All US citizens should have a SS#...

Answer 14

Any one born in the US is a citizen of the US.  How long someone has worked here has nothing to do with it.  If you came here at a very early age, you obviously weren't born here.  Consequently, you are not a citizen.