Report of Birth Abroad.....

[BritishGuy]

Ok, so here's the issue.......

I'm a naturalized US Citizen. I have been for the past 2 and a bit years. My wife and elder daughter (2 year old) both have US Green cards as of 5 months ago.

We just had a newborn child in London about 6 weeks ago. Why London? Well, my mum is there and we had a little more family support to help us though (babysitting, post natal stuff etc.)

Anyway, I went to the US Embassy in London to "Register a Birth Abroad" and to get my childs passport and SSN number sorted out. I know that I had to take evidence with me that I've lived in the US for 5 years continually since the age of 14. This I know I have done as I've lived in the US permanently since December 2004.

They stated that I should bring 'school transcripts and old passports' to establish this 5 year period. So I did. Well, apart from the school transcripts - as I didn't have any schooling in the US.

The immigration officer told me that they need to establish that I've had the 5 years residence int he US since 14 years of age. I gave him 5 years worth of Tax Returns. He said that he can use them as you can file them even if you're not in the US. Granted. Then I told them to look though my passports and he said that they can't use that either as when I return to the UK on my UK passport the US authorities don't 'stamp' my passport on return. Hence, there's no way of them determining how long I've been away from the US.

Throw into the mix that I'm an airline pilot, they said any time (vacations abroad, trips abroad etcetera do not count towards the 5 year period). Anyway, I itemized every trip and things were still looking fine to me, but they cannot prove this.

They said they'll try and use Custom and Border Patrol (CBP) records to verify that I've spent 5 years in the US since 14. Admittedly the immigration officer also told me that those records aren't very accurate - yes his own words.

So, will my child get screwed out of what is rightfully hers - US Citizenship though the Child Citizenship Act via me? How can I prove I've spent 5 years in the US since 14? I mean I know I have (I'd say close to 6 years) as at the moment I'm working back in the UK. What do I? The jury is still out, they said they'll need about 4 weeks to get the CBP records and based on that they'll make their decision. BUT, if they say 'NO' - how I can prove that my daughter is legally eligible though me?

On a different note, we're all traveling to New York in June (from the UK). I'm a US Citizen, My wife and elder daughter have US Green Cards (permanent residents), but as the US Embassy is still trying to establish my newborns right to citizenship, we got her a UK passport (which she'll be traveling on). Will this pose as a problem when entering the US? My newborn on the basis of her UK passport can stay in the US for 90 days under the visa waver program. Will they deny her entry? She's a minor. Will they deny me, my wife and elder daughter entry (even though we LEGALLY can enter)?

Can someone please give me some advice.

 

[Jackolantern]

The consulates are VERY nitpicking when it comes to evidence of the 5 years of presence for reporting the birth; people sometimes find themselves having to present 8 or even 10 years worth of evidence to get them to accept 5.

On a different note, we're all traveling to New York in June (from the UK). I'm a US Citizen, My wife and elder daughter have US Green Cards (permanent residents), but as the US Embassy is still trying to establish my newborns right to citizenship, we got her a UK passport (which she'll be traveling on). Will this pose as a problem when entering the US? My newborn on the basis of her UK passport can stay in the US for 90 days under the visa waver program. Will they deny her entry? She's a minor. Will they deny me, my wife and elder daughter entry (even though we LEGALLY can enter)?

Don't try to bring the newborn with the visa waiver program. Bring the baby as a permanent resident instead. There is a provision that allows a child born abroad to a permanent resident mother to obtain instant permanent resident status at the POE, if entering the US at under 2 years old and accompanied by the mother on the mother's first trip to the US since giving birth. Have the baby's passport, birth certificate, and 2 passport-size pictures of the baby available at the POE.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-15748/0-0-0-15756.html

(b) Waivers . (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child 's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

For your situation (born in wedlock to one citizen parent + one alien parent) the current rule for conferring citizenship at birth is that the citizen parent must have lived in the US for 5 years including 2 years since age 14; it's not 5 years since age 14. See http://travel.state.gov/law/citizenship/citizenship_5199.html (of course, if you never lived in the US before 14, this particular aspect is moot). Also be aware that the 5 years includes time spent in ANY STATUS -- not just time as a permanent resident or citizen. You said you've resided in the US permanent since 2004 -- but what about before 2004? Did you have a work visa? The time spent before the GC also counts (if you can prove it, of course).

Given that your wife and first-born daughter are permanent residents, I presume they plan to return to the US to settle down within the next 2 years, and so do you. If you do that, with your children residing in the US in your custody as permanent residents, both of your children would be eligible for citizenship under the Child Citizenship Act (the rule for your newborn to acquire citizenship at birth is a different section of the law) -- so that's another action plan for your new child's citizenship if the consulate won't recognize her citizenship at birth.

If you were residing with your first daughter before you left the US, and she was a permanent resident at that time, she would be eligible under the Child Citizenship Act right now (assuming you can prove that she was residing with you back then).

 

[BritishGuy]

The consulates are VERY nitpicking when it comes to evidence of the 5 years of presence for reporting the birth; people sometimes find themselves having to present 8 or even 10 years worth of evidence to get them to accept 5.



Don't try to bring the newborn with the visa waiver program. Bring her as a permanent resident instead. There is a provision that allows a child born abroad to a permanent resident mother to obtain instant permanent resident status at the POE, if entering the US at under 2 years old and accompanied by the mother on the mother's first trip to the US since giving birth.

For your situation (born in wedlock to one citizen parent + one alien parent) the current rule for conferring citizenship at birth is that the citizen parent must have lived in the US for 5 years including 2 years since age 14; it's not 5 years since age 14. See http://travel.state.gov/law/citizenship/citizenship_5199.html (of course, if you never lived in the US before 14, this particular aspect is moot).

Given that your wife and first-born daughter are permanent residents, I presume they plan to return to the US to settle down within the next 2 years, and so do you. If you do that, with your children residing in the US in your custody as permanent residents, both of your children would be eligible for citizenship under the Child Citizenship Act (the rule for your newborn to acquire citizenship at birth is a different section of the law) -- so that's another action plan for your new child's citizenship if the consulate won't recognize her citizenship at birth.

If you were residing with your first daughter before you left the US, and she was a permanent resident at that time, she would be eligible under the Child Citizenship Act right now (assuming you can prove that she was residing with you back then).

This will not be the mothers first trip to the US (since becoming a LPR). This will be her second. But this WILL be her first since the birth. So what should I do to take the newborn into the US then? Our tickets are booked for the 2nd week of June. Should I do anything now, or just go ahead with the trip. We're all returning to the US - though I'm going to be back and forth for the next 2 months. What paperwork should I file for the newborn for her to come to the US with us then as a LPR?

 

[Jackolantern]

There is no paperwork to file in advance. Just bring the baby's passport, birth certificate, 2 passport-size pictures, and your wife with her green card (obviously!) and go ahead and show up at the POE with the baby.

But there will be some paperwork to fill out and questioning at the POE, so be prepared for that. They'll probably mention that the baby appears to be a citizen and ask why the baby doesn't have a US passport. You'll have to explain that you applied for a Consular Report of Birth abroad at the consulate and were initially refused because they weren't satisfied with the evidence you presented of living in the US for 5 years, but they are still in the process of reviewing the case.

 

[BritishGuy]

There is no paperwork to file in advance. Just bring the baby's passport, birth certificate, 2 passport-size pictures, and your wife with her green card (obviously!) and go ahead and show up at the POE with the baby.

But there will be some paperwork to fill out and questioning at the POE, so be prepared for that. They'll probably mention that the baby appears to be a citizen and ask why the baby doesn't have a US passport. You'll have to explain that you applied for a Consular Report of Birth abroad at the consulate and were initially refused because they weren't satisfied with the evidence you presented of living in the US for 5 years, but they are still in the process of reviewing the case.

Ahhhhh, perfect. I'll do exactly that then. So, I guess I'll still have to apply for an ESTA number for the baby to travel with us to the US then (or they won't let her go). When we turn up to Immigration in the US, do I have to tell them anything to initiate the LPR status for my daughter or not? I'm assuming they'll stamp an I-90 (I think it's the I-90 - LPR stamp in her passport) while the card arrives in the post? Does this sound about right?

It;s funny how the immigration guy at the US Embassy never gave me this information. When we told him we'll be traveling to the US in June, he just said I wouldn't - they may not let the baby in the country. Though this piece of vital information was withheld from me. I don't feel that on edge anymore. Thanks for the very useful information Jackolantern

 

[Jackolantern]

Ahhhhh, perfect. I'll do exactly that then. So, I guess I'll still have to apply for an ESTA number for the baby to travel with us to the US then (or they won't let her go). When we turn up to Immigration in the US, do I have to tell them anything to initiate the LPR status for my daughter or not? I'm assuming they'll stamp an I-90 (I think it's the I-90 - LPR stamp in her passport) while the card arrives in the post? Does this sound about right?

The ESTA is not necessary, as the baby will not be entering with the visa waiver program. If the airline agent does their job right, it would be sufficient to show the baby's birth certificate and passport and the mother's green card in order to get the baby to board the flight. You should initially try to check in and board without any mention of ESTA.

However, you could apply for the ESTA to use as a precaution against airline agents who don't know about the special rule for LPR mothers giving birth abroad. But once you arrive in the US at the POE, forget about ESTA and make sure to describe the situation with your LPR wife giving birth recently and you want to obtain LPR status for the baby.

I-551 is what they'll stamp in the baby's passport, not I-90.

It;s funny how the immigration guy at the US Embassy never gave me this information. When we told him we'll be traveling to the US in June, he just said I wouldn't - they may not let the baby in the country. Though this piece of vital information was withheld from me. I don't feel that on edge anymore. Thanks for the very useful information Jackolantern

Did that officer know your wife is an LPR? If he didn't know, that's probably why he didn't mention the provision for babies born abroad to LPR mothers.

 

[BritishGuy]

I think I will get an ESTA. For my first daughter the gate agent almost never let her board the flight even though she had an immigrant visa. She kept asking for an ESTA. I'm in the airline industry and can say there's only a handful of really good gate agents out there. The rest are hit or miss.

Also, we don't have any paperwork to prove that we've 'Registered the Birth Abroad'. We weren't given anything as they wanted us to send them our original marriage certificate (which we did afterwards). Will we have to prove that we registered the birth abroad? As for the birth certificate, we have one for the newborn.

 

[Jackolantern]

Also, we don't have any paperwork to prove that we've 'Registered the Birth Abroad'. We weren't given anything as they wanted us to send them our original marriage certificate (which we did afterwards). Will we have to prove that we registered the birth abroad? As for the birth certificate, we have one for the newborn.

Seems like you're a bit confused with the "birth abroad" terminology. A "Consular Report of Birth Abroad" is a document issued by the consulate to recognize US citizenship acquired at birth for a child born outside the US. That's the document you applied for and so far have been unsuccessful.

But for the baby's admission into LPR status, you don't need to register the birth with the consulate, you only need to bring the baby's birth certificate to the POE (along with the baby's passport and accompanying GC-carrying mother as mentioned before).

 

[BigJoe5]

Ok, so here's the issue.......

I'm a naturalized US Citizen. I have been for the past 2 and a bit years. My wife and elder daughter (2 year old) both have US Green cards as of 5 months ago.

We just had a newborn child in London about 6 weeks ago. Why London? Well, my mum is there and we had a little more family support to help us though (babysitting, post natal stuff etc.)

Anyway, I went to the US Embassy in London to "Register a Birth Abroad" and to get my childs passport and SSN number sorted out. I know that I had to take evidence with me that I've lived in the US for 5 years continually since the age of 14. This I know I have done as I've lived in the US permanently since December 2004.

They stated that I should bring 'school transcripts and old passports' to establish this 5 year period. So I did. Well, apart from the school transcripts - as I didn't have any schooling in the US.

The immigration officer told me that they need to establish that I've had the 5 years residence int he US since 14 years of age. I gave him 5 years worth of Tax Returns. He said that he can use them as you can file them even if you're not in the US. Granted. Then I told them to look though my passports and he said that they can't use that either as when I return to the UK on my UK passport the US authorities don't 'stamp' my passport on return. Hence, there's no way of them determining how long I've been away from the US.

Throw into the mix that I'm an airline pilot, they said any time (vacations abroad, trips abroad etcetera do not count towards the 5 year period). Anyway, I itemized every trip and things were still looking fine to me, but they cannot prove this.

They said they'll try and use Custom and Border Patrol (CBP) records to verify that I've spent 5 years in the US since 14. Admittedly the immigration officer also told me that those records aren't very accurate - yes his own words.

So, will my child get screwed out of what is rightfully hers - US Citizenship though the Child Citizenship Act via me? How can I prove I've spent 5 years in the US since 14? I mean I know I have (I'd say close to 6 years) as at the moment I'm working back in the UK. What do I? The jury is still out, they said they'll need about 4 weeks to get the CBP records and based on that they'll make their decision. BUT, if they say 'NO' - how I can prove that my daughter is legally eligible though me?

On a different note, we're all traveling to New York in June (from the UK). I'm a US Citizen, My wife and elder daughter have US Green Cards (permanent residents), but as the US Embassy is still trying to establish my newborns right to citizenship, we got her a UK passport (which she'll be traveling on). Will this pose as a problem when entering the US? My newborn on the basis of her UK passport can stay in the US for 90 days under the visa waver program. Will they deny her entry? She's a minor. Will they deny me, my wife and elder daughter entry (even though we LEGALLY can enter)?

Can someone please give me some advice.

Your older child may already be a USC also. IF that child was a greencard holder residing in the US, with you when you naturalized, or got the greencard after you natz'd and came to the U.S. for a while, with you---see INA 320.

Your frequent travel as an airline pilot is probably well documented by your employer, ask them for help.

Other proof of your physical presence for at least 5 years may just require some creativity. Belong to any clubs, groups, been to any special event that are documented? Did you have a lease or deed to property? Did you have any medical treatment? Good luck.

 

[BritishGuy]

Big Joe and Jackolantern, thanks a lot for your input. Much appreciated.

Big Joe, my eldest daughter was born when I wasn't a US Citizen, so I don't think I can transmit the citizenship to her. But as I understand it (correct me if I'm wrong) but when we go to the US now, once we enter then I can get my daughter a US Passport (as she has a green card now).

Once last quick question..... How do I go about getting my both my daughter(s) their US Passports (assuming that my newborn enters the US with a I-1551 stamp)? What form do I fill and where do I take the form?

Because as I understand it is once they are LPR's (out of which my elder one is, and the newborn will be in a few weeks) they'll both be eligible for passports.

I know both parents have to show up somewhere with some documents (but am trying to work out what ones). I would like to get this done as soon as we enter the US (maybe within a few days of entering). My wife and daughter (elder one) made their first entry to the US in Feb 2012 and have their physical green card in their hand (not that the physical green card makes the difference).

Jackolantern, thanks for clarifying the "Report of Birth Abroad" bit. You're right, I did have the term confused - but not anymore!

BigJoe, I know you're saying that proving the 5 years will take being creative, but anything I'd mention to the officer he'd shake his head. I mentioned lease agreements, my job etc and he said that you can have a property without living there and that you can have a US employer without working in the US. He was being very awkward. From what I got, he just wanted to say that "unless you weren't educated there - you can't be a USC" - which is totally wrong! How else can I prove this to him (or to any other source!) I can probably dig up medical reports etc, but only for any given day - someone could argue that I was only in the country for that ONE particular day - that's how tough he was being.

 

[Jackolantern]

Big Joe, my eldest daughter was born when I wasn't a US Citizen, so I don't think I can transmit the citizenship to her. But as I understand it (correct me if I'm wrong) but when we go to the US now, once we enter then I can get my daughter a US Passport (as she has a green card now).

She's not eligible for US citizenship at birth, but she may be eligible for citizenship under the Child Citizenship Act of 2000. However, that requires her to be living in the US with you while having a green card at some point on or after the day you naturalized. If she satisfied the necessary conditions before she left the US with you, she would have already derived US citizenship back then, and would be eligible for a US passport right now (you'd have to provide evidence that the conditions were met back then).

But if she did not satisfy those conditions back then, both you and her would have to move back to the US and be actually living in the US (not merely staying a short while in the US before returning to the UK), to establish her eligibility for derivative citizenship under the Child Citizenship Act.

Because as I understand it is once they are LPR's (out of which my elder one is, and the newborn will be in a few weeks) they'll both be eligible for passports

Not so simple. They don't gain citizenship eligibility merely by showing up in the US with LPR status; you must be living in the US and they must be living with you in the US. Your first daughter may already have derivative citizenship if she satisfied the relevant conditions before leaving the US, but for your other daughter you may need to wait a few months to establish sufficient evidence of residence if your goal is to have her derive citizenship through the Child Citizenship Act. But your newborn may be eligible for citizenship at birth under a separate law (the law that applied to the Consular Report of Birth Abroad), in which case your and her US presence after birth won't matter (of course, your US presence before birth would matter).

I know both parents have to show up somewhere with some documents (but am trying to work out what ones). I would like to get this done as soon as we enter the US (maybe within a few days of entering).

How long have you been outside the US, and how long are you planning to stay in the US when you return in June? Those factors will affect the options and eligibility for your daughters.

BigJoe, I know you're saying that proving the 5 years will take being creative, but anything I'd mention to the officer he'd shake his head. I mentioned lease agreements, my job etc and he said that you can have a property without living there and that you can have a US employer without working in the US.

Get some documentation from your employer to show when you were inside and outside the US. And don't forget to dig up evidence of being in the US before you got a green card, since all time spent in the US in any status can be counted towards the 5 years.

He was being very awkward. From what I got, he just wanted to say that "unless you weren't educated there - you can't be a USC" - which is totally wrong!

No, he's just saying that the documents you presented don't prove you were in the US for the required amount of time. If you had the type of job that required physical presence in the US (e.g. school bus driver, air traffic controller, taxi driver), proving your US presence with employment records would be easy.

 

[BritishGuy]

She's not eligible for US citizenship at birth, but she may be eligible for citizenship under the Child Citizenship Act of 2000. However, that requires her to be living in the US with you while having a green card at some point on or after the day you naturalized. If she satisfied the necessary conditions before she left the US with you, she would have already derived US citizenship back then, and would be eligible for a US passport right now (you'd have to provide evidence that the conditions were met back then).

But if she did not satisfy those conditions back then, both you and her would have to move back to the US and be actually living in the US (not merely staying a short while in the US before returning to the UK), to establish her eligibility for derivative citizenship under the Child Citizenship Act.


Not so simple. They don't gain citizenship eligibility merely by showing up in the US with LPR status; you must be living in the US and they must be living with you in the US. Your first daughter may already have derivative citizenship if she satisfied the relevant conditions before leaving the US, but for your other daughter you may need to wait a few months to establish sufficient evidence of residence if your goal is to have her derive citizenship through the Child Citizenship Act. But your newborn may be eligible for citizenship at birth under a separate law (the law that applied to the Consular Report of Birth Abroad), in which case your and her US presence after birth won't matter (of course, your US presence before birth would matter).



How long have you been outside the US, and how long are you planning to stay in the US when you return in June? Those factors will affect the options and eligibility for your daughters.


Get some documentation from your employer to show when you were inside and outside the US. And don't forget to dig up evidence of being in the US before you got a green card, since all time spent in the US in any status can be counted towards the 5 years.


No, he's just saying that the documents you presented don't prove you were in the US for the required amount of time. If you had the type of job that required physical presence in the US (e.g. school bus driver, air traffic controller, taxi driver), proving your US presence with employment records would be easy.

I've looked on the following page to see what's needed to apply for the passport.

http://travel.state.gov/passport/get/minors/minors_834.html

On this link on step 3, it states that the child should submit proof of US Citizenship. How can my kids prove this when neither have a Report of Birth Abroad certificate. The only thing my kids will have is a Green Card to show that they're LPRs. And from what I see that is not enough. Am I missing something?

 

[BigJoe5]

I've looked on the following page to see what's needed to apply for the passport.

http://travel.state.gov/passport/get/minors/minors_834.html

On this link on step 3, it states that the child should submit proof of US Citizenship. How can my kids prove this when neither have a Report of Birth Abroad certificate. The only thing my kids will have is a Green Card to show that they're LPRs. And from what I see that is not enough. Am I missing something?

Visit www.uscis.gov and read all about the requirements for your children's citizenship. Consult the form N-600 and the nationality Charts (in the AFM as Appendices) and if your baby did not get USC at birth and you don't plan to get her LPR status and move back then an N-600K may be applicable as an option. (The N-600K is the last option to bother considering .)

 

[Jackolantern]

I've looked on the following page to see what's needed to apply for the passport.

http://travel.state.gov/passport/get/minors/minors_834.html

On this link on step 3, it states that the child should submit proof of US Citizenship. How can my kids prove this when neither have a Report of Birth Abroad certificate. The only thing my kids will have is a Green Card to show that they're LPRs. And from what I see that is not enough. Am I missing something?

Their proof of US citizenship would be evidence of satisfying the conditions of the Child Citizenship Act of 2000, particularly that they were residing in the US in the physical and legal custody of a US citizen parent (you), while having LPR status, on or after the day you become a USC. Or in the case of your newborn (if you want to pursue citizenship at birth rather than post-birth citizenship under the CCA), it would be proof of living in the US for the required number of years before the birth.

For their US passports you can choose either of the following:
(1) submit the stack of evidence to prove all the necessary conditions for their citizenship along with their passport applications at the post office or a passport agency,
or
(2) submit the stack of evidence to USCIS with an N-600 application. Then after the N-600 is approved, submit the citizenship certificate (issued at the end of a successful N-600 process) with their passport applications.

Sometimes if the situation is complex they will reject you when you attempt choice (1), and you will be forced to take option (2) and get back to them.

You haven't mentioned how long you'll be staying in the US when you reenter or how long you've been outside the US. Those facts affect if and when they'll be eligible for citizenship under the Child Citizenship Act. Like I said before, it's not as simple as having them show up in the US with you and their green cards.

 

[remokon]

How did it go?

Hi,

I'm glad that I found this discussion because I'm in the same situation as BritishGuy. I'm a Japanese married to an American, and I'm currently living in Japan and my husband in the States. I'm traveling back to the States after having given birth to a child here in Japan. I didn't get on "Register a Birth Abroad" early enough, and it seems like we are getting U.S. POE without my daughter's U.S. passport. When I talked to an officer in Fukuoka Consulate, she recommended we would change the flight schedule and not try to enter without her U.S. passport, for the POE officers would probably stop us for my daughter not having her U.S. passport.

But I'll do what Jackolantern suggested... bring her passport, birth certificate, and 2 of her passport-size pictures. In this case, I'm wondering, should I be the one to translate her birth certificate since it's in Japanese? Any tips?

Also, BritishGuy, by the time I'm writing this I assume you and your family are in the States... are you? How did the process go at POE? Was it pretty smooth or did it take hours? Were there knowledgeable officers at POE who knew what you were talking about or trying to do?

I have never joined an online discussion before, so I'm not even sure if I'm doing it right...

 

[Jackolantern]

When I talked to an officer in Fukuoka Consulate, she recommended we would change the flight schedule and not try to enter without her U.S. passport, for the POE officers would probably stop us for my daughter not having her U.S. passport.

With you being a Japanese citizen and not accompanied by the US citizen father, they're probably not going to conclude that your baby is a US citizen. And if they do, they can't refuse entry because they're not allowed to block a person from entering if the determine the person has US citizenship. The worst case is that you get fined for not having a US passport for the baby, but even that is unlikely and rarely enforced.

But I'll do what Jackolantern suggested... bring her passport, birth certificate, and 2 of her passport-size pictures. In this case, I'm wondering, should I be the one to translate her birth certificate since it's in Japanese? Any tips?

You cannot translate her birth certificate. It must be translated and certified by a person or company without a close connection to you or the baby (not you or your husband or the baby's grandparents).

After entering successfully and receiving the baby's green card, the next logical steps would be to apply for your daughter's US passport and citizenship certificate (N-600), with supporting evidence for what I described in post #2 of this thread. The passport is quicker and cheaper so most people apply for it before the N-600, however if there are no travel plans in the next 4-6 months there are advantages to getting the N-600 first: If the N-600 is approved first, passport approval is automatic, but not vice versa. And there would be less paperwork when applying for the passport if the N-600 is already approved.

 

[remokon]

I see,

Thank you Jackolantern for a quick reply! I'm glad I'm getting help here!!

>You cannot translate her birth certificate. It must be translated and certified by a person or company without a close connection to you or the baby (not you or your husband or the baby's grandparents).

I think I'll do that.

>After entering successfully and receiving the baby's green card, the next logical steps would be to apply for your daughter's US passport and citizenship certificate (N-600), with supporting evidence for what I described in post #2 of this thread. The passport is quicker and cheaper so most people apply for it before the N-600, however if there are no travel plans in the next 4-6 months there are advantages to getting the N-600 first: If the N-600 is approved first, passport approval is automatic, but not vice versa. And there would be less paperwork when applying for the passport if the N-600 is already approved.

I'd made an appointment at Fukuoka to apply for her passport... without knowing it can take up to 6 weeks. I only have about 4 weeks left in Japan, so I'm positive we can't get it processed before the flight. Would you suggest not making the passport here but wait til we enter into the States?

Thank you for replying, Jackolantern, I've been worried to death since I've never done anything as risky as this... but after reading what you've said, it doesn't sound so risky anymore. I just wonder why the officer at the consulate didn't tell me all about this but insisted I change the flight schedule...

 

[Jackolantern]

I'd made an appointment at Fukuoka to apply for her passport... without knowing it can take up to 6 weeks. I only have about 4 weeks left in Japan, so I'm positive we can't get it processed before the flight. Would you suggest not making the passport here but wait til we enter into the States?

The best thing officially and legally would be to get her US passport before entering the US. But if you absolutely cannot change the flight to wait for the passport, then you just have to enter the US without it and deal with it later.

Note that if you don't have her US passport, she'll still need a Japanese passport or some other passport. They won't let her board the flight without a passport*. And if you're going to have her travel on the Japanese passport, the airline will also probably insist on seeing a visa waiver ESTA for her (but upon arrival in the US you'll present her for processing as a permanent resident, not visa waiver).

I just wonder why the officer at the consulate didn't tell me all about this but insisted I change the flight schedule...

They can't tell you that because taking her to the US without a passport would be circumventing the official procedure.

Did you apply for a Consular Report of Birth Abroad at the consulate? Or only a US passport? If you applied for the CRBA and it is delivered to your Japanese address (your relative's home?) after you arrive in the US, you can have then send it to you in the US, and then you can use it to apply for her US passport within the US.

*or another document that is accepted in lieu of a passport, such as a refugee travel document, but that is not applicable here.

 

[remokon]

How about...

Thank you again Jackolantern... I think I understand more clearly on this issue!

Just one more question... Say, I go to the consulate, apply for my daughter's passport, leave Japan without it, and have my relatives send the passport to the States later... will there be a problem? If not, I'll go ahead and apply here in Japan. but since I know she's not using the passport when we leave Japan, I wonder it's best to wait to make her U.S. passport until we get over there.

Any suggestions?

Thank you again for your quick reply!!

 

[cafeconleche]

They can mail it. Nobody will know. It would have to be a reputable service like FedEx or something, of course. They ought not to use regular post.

But, are you saying they have now recognised her as a US citizen at the Fukuoka consulate? Your posts are a bit unclear. Jackolantern asked whether you applied for a CRBA.

Don't forget a Japanese passport for the child.