Applying for a child born abroad for US Citizenship

M

mero

Registered Users (C)
Hi,

My wife is planning to have our child in Mexico because we can't afford here in the US the medical costs. My wife is a Permanent resident and I am a US Citizen. I have found out all the applications I need to fill out to apply for our child for her US Citizenship.

I also called the local embassy in Mexico where she's planning to have the baby and I have been nervous ever since the person on the other line said the US Citizenship for my baby is not guaranteed even in my case. Just wondering if anybody here has had this problem or anybody wants to talk about their experience if they have gone through this process for their child when born abroad. Thank you in advance for your replies.
 
mero said:
Hi,

My wife is planning to have our child in Mexico because we can't afford here in the US the medical costs. My wife is a Permanent resident and I am a US Citizen. I have found out all the applications I need to fill out to apply for our child for her US Citizenship.

I also called the local embassy in Mexico where she's planning to have the baby and I have been nervous ever since the person on the other line said the US Citizenship for my baby is not guaranteed even in my case. Just wondering if anybody here has had this problem or anybody wants to talk about their experience if they have gone through this process for their child when born abroad. Thank you in advance for your replies.
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Even if one of the parent is USC, the child will be USC no matter where the birth was. Your child should aslo be eligible to run for US president, going by the John Mcgain's case.

Call the state department here in the US and request them to send you an email or refer you to the law/statute to this effect.

May be if you call the same embassy in Mexico again, you may get a different answer. What do they mean by "not guaranteed" -- it is an Yes or No question. They can't say "may be"
 
Here's the part of http://travel.state.gov/law/info/info_609.html that pertains to you:

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.
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Here's the link to the text of the actual law: http://www.uscis.gov/lpBin/lpext.dl...?f=templates&fn=document-frame.htm#slb-act301

Assuming that you meet the requirements of the law, your child-to-be is a US citizen irrespective of what you were informed over the phone.
 
The "NO Guarantee"

GeeCe and CRS,

I already read about the law about Citizenship. I think the "No Guarantee" means depends on the officer that interviews our case at the Embassy(even if we have all the papers in order). I guess they have the final say or can I appeal(I didn't wanted to ask that person that because it might be same officer that might interview us)?
I have a sister-in-law that has applied twice for a tourist visa in that same embassy. She has a bank account, good job, everything straight and everytime, they turn her around even before she can get an interview. I know an application for citizenship is not the same as applying for a visa, but just gives me the chills if they turn us around w/o looking at our paperwork for the application for citizenship. Just wondering if anybody has had this experience. Thanks.
 
why dont you guys try social services

social services help out people who are uninsured or cant afford medical care......i know of many people who had kids overseas and they had no problems getting their citizenship. talk to a social worker im sure you can recieve aid ....
 
heres the link check if you qualify

http://www.govbenefits.gov/govbenefits_en.portal;jsessionid=EUQve33g7Nr729ZM15NHVsnnmUrBs054YF1D6jb8eyAg6bfSyET1!72122399?_nfpb=true&_pageLabel=gbcc_page_questionnaire&_nfls=false


heres the link check if you qualify
 
mero said:
I think the "No Guarantee" means depends on the officer that interviews our case at the Embassy(even if we have all the papers in order). I guess they have the final say or can I appeal(I didn't wanted to ask that person that because it might be same officer that might interview us)?
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When your child is born, he/she will automatically be a US citizen. The consular officer cannot unilaterally take away this right! If I were you, I would make sure that I have the necessary documents and not worry about the outcome of the interview.

mero said:
I have a sister-in-law that has applied twice for a tourist visa in that same embassy. She has a bank account, good job, everything straight and everytime, they turn her around even before she can get an interview.
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This is a completely different matter. Getting a visa is a privilege, not a right. Your sister-in-law will have a tough time getting a visa after having been denied twice.
 
Thanks CRS and nats06. As far as the consular officer, the reason I talk about the consular officers is that many people I have talked to about that embassy in Mexico say those officials are sometimes unfair and may deny you any application for example, if they don't like your face or whatever. That stinks about situation with my sister-in-law, she really wants to come visit us.
Nats06, I don't want to apply for benefits. I have been told that its most likely I wont qualify for stuff like Medicaid because I own a house. Also, I wouldn't want to put any benefits under my wife's name(if we decide to have baby here in the US) because she recently immigrated from Mexico last year and I saw that imm. laws say that immigrants here less than 5yrs cannot get any gov't financial support.
 
Email from Consulate

C R S, I just got a reply back from that Consulate in Mexico which I sent them an email last week. They dont tell me exactly what do they mean by no guarantee.

Thank you for your email. The documents for the CRBA can be in either Spanish or English. All American Citizens are entitled to an interview for a CRBA, however, we cannot guarantee the issuance of the CRBA.

A Consular Report of Birth Abroad (CRBA) must be issued by the US Embassy or Consulate that has responsibility for the area where the child was born. American citizen children born in the states of Jalisco, Aguascalientes, Colima, and Nayarit, must apply for their CRBA at the US Consulate General in Guadalajara. Children born in the Puerto Vallarta area may submit their applications at the US Consular Agency Puerto Vallarta. It is best to apply as soon after the birth as possible. Parents should present the following documents:
 
Email from Consulate

C R S, I just got a reply back from that Consulate in Mexico which I sent them an email last week. They dont tell me exactly what do they mean by no guarantee.

Thank you for your email. The documents for the CRBA can be in either Spanish or English. All American Citizens are entitled to an interview for a CRBA, however, we cannot guarantee the issuance of the CRBA.

A Consular Report of Birth Abroad (CRBA) must be issued by the US Embassy or Consulate that has responsibility for the area where the child was born. American citizen children born in the states of Jalisco, Aguascalientes, Colima, and Nayarit, must apply for their CRBA at the US Consulate General in Guadalajara. Children born in the Puerto Vallarta area may submit their applications at the US Consular Agency Puerto Vallarta. It is best to apply as soon after the birth as possible. Parents should present the following documents:

.......and a list of requirements follows
 
If you meet the physical presence requirement, you can relax. If for some obscure reason your child is not eligible for U.S. citizenship, take note of the following:

Children born abroad to permanent resident mothers are permanent residents, if certain conditions are met. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, which must occur before the child is two years of age. The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and the child's birth certificate.
 
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