US Citizen Born Abroad and Illegally Smuggled into US

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USA8998

New Member
Hi,

I am trying to help my friend get her child recognized as a US citizen. My friend, the mother, is a US citizen. The father is a US citizen. The child is 8. He was born in Costa Rica. Both of the parents live in in the US and have been her for several years. My friend was unable to get the child into the US legally because there was a dispute with the local embassy so she had to smuggle her child into the US. The child should be automatically recognized as a US citizen, however, the child is illegally in the US right now. What is her best route to get him recognized as a US citizen?

Any help would be appreciated!

Thank you!
 
Hi - I appreciate the suggestion. But, she applied about 5 months ago and was rejected because they asked for a Green card.

It seems that if she applies for citizenship with the N600, she will be rejected. But, she will have the ability to appeal. During that appeal, possibly she could tell her story and get a higher level of review for her case? She can't afford an attorney and does not know where to start or what to try now that the passport attempt failed.
 
USA8998 said:
Hi - I appreciate the suggestion. But, she applied about 5 months ago and was rejected because they asked for a Green card.
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But that's because the acceptance agent misunderstood (or you failed to properly explain) the situation of her citizenship. She was a US citizen from birth, so obviously she would never have a green card. They assumed she was in the situation of a permanent resident under 18 living in the US with a US citizen parent, and who thus derived citizenship under INA 320, because that's the common case for children born abroad applying for passports inside the US without some other certificate. But that's not the case for your daughter -- your daughter was a US citizen from birth. That's a case they don't usually see in the US (because such people usually apply for a CRBA and first US passport from abroad), but that is a completely valid case for applying for a passport.

The evidence of citizenship she has to provide are the proof that she's your child, proof of both parents' US citizenship at the time she was born, and proof that at least one parent had a residence in the US at some point before her birth. See the passport application form DS-11, page 2:
If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit [...] or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth
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It is not the "If you claim citizenship through naturalization of parent(s)" case which is what the agent that asked for a green card though it was.

Many post offices are not very well informed about the law. If they would just accept it and send it to the Department of State then it would 100% be approved. But they don't accept it because they misunderstand. Try a different acceptance agent like a courthouse or county clerk which may be more well informed. Or try to make an appointment at a passport agency directly.

USA8998 said:
It seems that if she applies for citizenship with the N600, she will be rejected.
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No, it will 100% be approved. There is no doubt she is a citizen. I cannot think of any reason why it would be rejected. But N-600 is super expensive ($1070) and takes many months to process, so it's not worth it if she can just get a passport directly.
 
Well, the problem is that the child does not have any documentation. No Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), nor foreign birth certificate. Just proving the origin of the parent is not enough. What am I missing?

APPLICANTS BORN OUTSIDE THE UNITED STATES: .......
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.
 
USA8998 said:
Well, the problem is that the child does not have any documentation. No Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), nor foreign birth certificate.
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What do you mean the child doesn't have a birth certificate? If the child was born in a country, you should be able to get a birth certificate from that country, or equivalent document depending on the country. Otherwise how do you even prove the child is your child? Do you mean the child was born at home or something where there wasn't an official documentation? (If so there are alternatives for witnesses to attest to the birth.) If the parentage is in doubt they can do a DNA test, because what matters for transmission of US citizenship at birth to a child born abroad is blood relationship.
 
What sort of dispute was this in Costa Rica that these people didn't get their child documented? If it's a humanitarian case, great, but otherwise, I am baffled!
 
cafeconleche said:
What sort of dispute was this in Costa Rica that these people didn't get their child documented? If it's a humanitarian case, great, but otherwise, I am baffled!
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I agree, this does not pass the smell test, what the hell, really!? You have a dispute with the embassy (whatever that is) and THEN you smuggle a child into the USA? How did they do that? I would think having a dispute with the US embassy would make any normal person treat that seriously and get a resolution. Who the hell thumbs their nose at what the US embassy is doing and then take the extreme step of illegally smuggling a child into the country. How did the airlines let a child get on a plane or did they enter via an airport? What's the real story you aren't saying here? Then you say there is no birth certificate?
 
newacct said:
What do you mean the child doesn't have a birth certificate? If the child was born in a country, you should be able to get a birth certificate from that country, or equivalent document depending on the country. Otherwise how do you even prove the child is your child? Do you mean the child was born at home or something where there wasn't an official documentation? (If so there are alternatives for witnesses to attest to the birth.) If the parentage is in doubt they can do a DNA test, because what matters for transmission of US citizenship at birth to a child born abroad is blood relationship.
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Actually, I was informed that there was no documentation what so ever, but after reading your response I went back to her and she confirmed that she DOES HAVE a Costa Rica birth certificate. She will need to get it translated. She also has a valid passport and had DNA testing done in both Costa Rica and in the US to prove parentage. It does seem that she just needs to go back and try to apply for a passport for her son again.
 
djh said:
I agree, this does not pass the smell test, what the hell, really!? You have a dispute with the embassy (whatever that is) and THEN you smuggle a child into the USA? How did they do that? I would think having a dispute with the US embassy would make any normal person treat that seriously and get a resolution. Who the hell thumbs their nose at what the US embassy is doing and then take the extreme step of illegally smuggling a child into the country. How did the airlines let a child get on a plane or did they enter via an airport? What's the real story you aren't saying here? Then you say there is no birth certificate?
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The REAL story, as I know it, is what I said. She said that the dispute with the embassy was because she married in Costa Rica to extend her stay. She said that was not illegal in Costa Rica. The embassy officer told her that even while getting married to stay in the country was not illegal in Costa Rica - it was illegal in the US so he would never release her birth abroad package. She even worked with a Senator at one point, whose office officially requested additional information but the embassy refused to provide any information. The guy has long since retired and still no one will release any additional information. I have no other experience with immigration issues so I have no idea if this makes sense or how to approach it. That is why I came on this forum.

I believed what she said because it seems from reading these forums, it is not uncommon to have issues with the embassy or consulate. As far as the details of how she got the child actually into the country - I do not know.
 
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