How is the term “native” defined? Are there any bases upon which persons who have not been born in a qualifying country may be eligible to enter?
“Native” ordinarily means someone born within a particular country, regardless of the individual’s current country of residence or nationality. According to Section 202(b) of the Immigration and Nationality Act, if a person was born in an ineligible country but his/her spouse was born in an eligible country, such person can claim the spouse’s country of birth rather than his/her own. For example, a person born in an excluded country such as England may still apply if his or her spouse was born in a qualifying country. Also, if a person was born in an ineligible country, but neither of his/her parents was born there or resided there at the time of the birth, such person may be able to claim nativity in one of the parents’ country of birth. For example, if one of your parents was born in France and the other was born in Germany, and you were born in Canada while they were visiting Canada, but had not established residency; you could claim France or Germany as your qualifying country.
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