bear in mind her parent/parents were diplomats(I stand to be corrected)
Yes, but there is a loopehole which makes children of diplomats born in America to become "American super citizens" na kuwa na haki hata kupita raia wa kawaida wa Marekani. Soma hii.
Birthright loophole grants diplomat children born in U.S. 'super citizen' status
Children born to diplomats working in the U.S. can enjoy full citizenship but are not subject to American laws, according to a new report.
The controversial 'loophole' means that as long as their parents remain working as diplomats in the U.S. they enjoy a 'super citizen' status, according to the Center for Immigration Studies.
According to the report's author Jon Feere: 'Children of diplomats who receive U.S. birth certificates and social security numbers (SSNs) have greater rights and protections than the average U.S. citizen.'
Speaking to Fox News, a spokesman for the State Department said: 'Persons born in the United States, including a child of foreign diplomats, are legally entitled to an official birth record issued by the Bureau of Vital Statistics of the state in which the child is born.'
The spokesman added: 'If the child enjoys full diplomatic privileges and immunities, the child would not acquire U.S. citizenship at birth.' But according to the, 'Birthright Citizenship for Children of Foreign Diplomats?' report, there is a simple work around for diplomats.
When diplomatic parents have a child on U.S. soil they are given a birth certificate request form from by the National Center for Health Statistics Division of Vital Statistics. On the form there is a section for either parent to fill out their 9-digit SSN - but this can be left blank.
Also included is a simple 'yes' or 'no' option asking if their child needs a SSN. Nowhere on the form does it ask if the person applying is a diplomat.
According to the report, the number of social security agencies involved in granting the certificate do not check if the baby is technically eligible for citizenship.
The situation is even further confused as interpretation of the 14th Amendments Citizenship Clause remains a legal minefield. According to the letter of the law, U.S. citizenship by birth is granted to those who were born within the United States and are subject to the jurisdiction of the United States.
For diplomats this would not be the case, but in practice - according to the report - this is not the case. Mr Feere added: 'A lack of direction from Congress has resulted in children born to foreign diplomats on U.S. soil receiving U.S. birth certificates and Social Security numbers (SSNs) - effectively becoming U.S. citizens - despite the limiting language within the Citizenship Clause of the 14th Amendment.'
Speaking to Fox Immigration attorney Toni Maschler argued that while the 'super citizen' issue does exist, it is a rare occurrence. It would be proper for them to apply for a green card, but in most cases that child doesnt stay here long enough to be eligible to naturalize as a U.S. citizen because their parents would more than likely transfer to a different post."
Source:
http://www.dailymail.co.uk/news/art...plomat-children-super-U-S-citizen-status.html