You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
child citizenship
- Thread starter yahayajp
- Start date
Yes, the child will be a US citizen and can get a "consular report of birth abroad" from the nearest US consulate/embassy. The citizen father has be present to get this document. Child's birth certificate with parents full names, proof of parents US citizenship (US passport will do) and fees are the requirements. At the same time you can apply for a passport for the child as well.
Jackolantern
Registered Users (C)
Whether the child is a citizen at birth depends on certain conditions. See http://travel.state.gov/law/info/info_609.html
Thankx for responding! it states that the us citizen
Father has to meet some certain requirments that is 5 years continous residence in the united states.but it does not say if the father has to be a citizen continously for 5 yrs.anybody out there with an experience on this?
Father has to meet some certain requirments that is 5 years continous residence in the united states.but it does not say if the father has to be a citizen continously for 5 yrs.anybody out there with an experience on this?
Jackolantern
Registered Users (C)
The 5 years of presence don't have to be continuous, it can be accumulated in segments as long as it all happened before the birth. It is also not required to be a citizen for 5 years, he only has to be a citizen at the time of birth.
can a child who was born overseas 2 months after the father naturalize as a us citizen be eligible as us
citizen at the time of birth
The U.S. citizen parent must prove s/he was physically present in the U.S. for a total of at least five (5) years before the birth of the child. Two of those years must be after the U.S. citizen parent’s 14th birthday.
The American citizen parent must have obtained citizenship prior to the child’s birth in order to transmit citizenship through this process.
If the child was born out-of-wedlock to a U.S. citizen father, satisfactory evidence of an exclusive relationship with the mother must be presented (e.g., relationship photos, evidence of cohabitation, shared travel history, joint accounts, etc.). If this evidence is insufficient, DNA testing may be requested.
I understand about the fiscal residence requiremrnts . Whats really confusing is that.the law did not break it down. It just says fiscal residence and when I call uscis they told me my time as a G C holder will not be counted.and when I called back again some body different says as long as u are a citizen before the child is born then the child is a citizen.where are the gurus on this site guys??
Jackolantern
Registered Users (C)
The people on the USCIS phones are poorly trained and are often wrong. Talk to 2 of them and you get 3 different answers. Do not rely on their statements for anything important.
I am 100% absolutely sure that it is not necessary to be a citizen for 5 years for the child born abroad to acquire citizenship at birth, as long as the parent was a citizen at the time of birth. File for a Consular Report of Birth Abroad and provide the evidence of 5 years of physical presence (not "fiscal", which has its own different legal meaning) and the consulate will grant the US passport.
I am 100% absolutely sure that it is not necessary to be a citizen for 5 years for the child born abroad to acquire citizenship at birth, as long as the parent was a citizen at the time of birth. File for a Consular Report of Birth Abroad and provide the evidence of 5 years of physical presence (not "fiscal", which has its own different legal meaning) and the consulate will grant the US passport.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Even the time in the US before the GC will count.
They can be very nitpicky over the evidence of presence, so try to gather 10 or 12 years if you have it, so if they don't agree with some of it there should still at least be 5 years in there somewhere that will be acceptable to them.
They can be very nitpicky over the evidence of presence, so try to gather 10 or 12 years if you have it, so if they don't agree with some of it there should still at least be 5 years in there somewhere that will be acceptable to them.