Australian Court Rules Child Born in Australia is Not Citizen
Posted Nov 05, 2004
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Current United States law provides that children born in the United States are U.S. citizens, regardless of the status of the parents. The one exception to this is for children of foreign diplomats. Children born in the U.S., whose parents are diplomats, are permanent residents and not U.S. citizens. Other than a diplomat, any person, even one unlawfully present in the U.S., can give birth to U.S. citizen children. We recently came across an interesting contrast to this long-standing U.S. law and policy in Australia.
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Australia's High Court ruled on September 9, 2004 that Australia's law provides that children born in Australia are only Australian citizens if one parent is an Australian citizen or lawful permanent resident. This caused a child born in Australia of a couple from India, who were unlawfully present in Australia, to not be considered an Australian citizen. She was, therefore, deported with the rest of the family.
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While the United States is often criticized for its immigration practices, there are some welcoming policies, including the provision of the law that bestows U.S. citizenship upon most children born on U.S. soil. It is important to note that having minor U.S. citizen children does not generally provide immigration benefits to the parents of those children, as explained in our MurthyDotCom article, Immigration Rumor : The Benefits of Parenthood (May 24, 2002). However, for many, with the help of a qualified U.S. immigration attorney, legal means of visiting, working, studying, or becoming a lawful permanent resident or U.S. citizen are often possible.