Citizenship for a foreign-born child

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netuser00

Registered Users (C)
I became a US citizen 3 years ago. Shortly after that I moved abroad. Before that, I had lived in US for more than 16 years (since college, gone through I-94, practical training, green card, and finally citizenship). However, I have only lived in US as a citizen for a few months. My wife is not a citizen. If we have a baby abroad, can he/she be a US citizen?

The rule about the foreign-born child is not very clear.
http://www.greencardlawyers.com/citizenship/citizenbybirth.html

"If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14."

It doesn't say anything about the immigration status of the residence.

Anyone has any knowledge or experience in this area?
 
See this link from dept of state:

http://travel.state.gov/law/info/overseas/overseas_703.html

if your wife has a green card then the child will be admitted to the US as a permanent resident on the child's and mother's first trip to US if it happens before the child turns 2 years old. Then if you the citizen father is in the US you can apply for a US passport for the child since the child derives citizenship from the father.

In both cases at least one parent has to reside in the US.
 
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nkm-oct23 said:
See this link from dept of state:

http://travel.state.gov/law/info/overseas/overseas_703.html

if your wife has a green card then the child will be admitted to the US as a permanent resident on the child's and mother's first trip to US if it happens before the child turns 2 years old. Then if you the citizen father is in the US you can apply for a US passport for the child since the child derives citizenship from the father.

In both cases at least one parent has to reside in the US.
Click to expand...

Hmm... My wife doesn't have a green card any more. It will be a while before we move back to US.

"If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14."

If there is specific requirement for the 5 year residence (as a US citizen), then I and the child can qualify.
 
I think you are eligible to get a US citizenship for your child if you can document that you lived in US for over 5 years. There is no requirement that you be a citizen for 5 years.
You should contact the nearest US consulate and apply for a "Consular Report of Birth Abroad" and a US passport for your newborn child. Please check the following from a US consulate website:

Birth Abroad
Registering the Birth of a U.S. Citizen Child

A child born abroad to a U.S. citizen parent or parents is documented as a U.S. citizen by applying for a Consular Report of Birth Abroad (CRBA). To apply for a CRBA, the child must appear in person with his/her parents together with the following original documents:

* Proof of parent(s) citizenship and identity (such as passports and/or Naturalization Certificates)
* Child’s birth certificate
* Two 2 inch X 2 inch color photographs on a white background
* Pre-natal and hospital records of the birth, including original ultra-sound scans
* Parents marriage certificate
* Divorce decrees from any previous marriages, if applicable
* Proof of parents’ residence in the U.S., such as old passports
* If only one parent is present in India, the other parent must complete Form DS-3053 Notarized Statement of Consent
* Fee of US $65 or Rs. 3,250 for Consular Report of Birth alone, or a total of U.S. $150 or Rs. 7,500 if you are applying for a U.S. passport along with a Consular Report of Birth for the child.

In order to save time, we strongly recommend that parents complete the application for a Consular Report of Birth, Form DS-2029 and passport application, Form DS-11, before appearing at the U.S. Consulate.

If you were previously issued a certificate of consular report of birth abroad and should you need a replacement/additional copies, click here

For further information on services for U.S. citizens click here http://travel.state.gov/travel/tips/tips_1232.html
 
Yes, register the child at the US embassy/consulate, and MOST LIKELY, the child will be a US citizen, and you can get a passport then and there.
 
I was researching the law on automatic acquisition of US citizenship. I was amazed to read this page:

http://travel.state.gov/law/info/info_609.html

It seems that if a kid is born OUT OF WEDLOCK to a US citizen mother, the kid becomes US citizen if she stayed in US for a continous period of 1 year before the kid's birth. But, if a kid is born to a US citizen mother IN WEDLOCK, than the requirements are more onerous (5 year, 2 after age of 14). I am assuming the father is non-citizen. Now, you take your pick on what is more onerous. It seems like if a US citizen mother stayed in US, say until 2, and than left permanently. It makes sense for that person to have a kid out of wedlock to transmit citizenship. Interesting.....
 
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