Citizenship for Son

[Dave28]

Can someone please let me know if i need to file for a GC for my son or whether he became an automatic citizen as soon as i became a citizen.

Here are a few details
1.I am not married to the mother(who isn't a US citizen)
2.He is only 2 yrs old and lives overseas.

Please advise which forms i will need to file in order to process his immigration papers?

Thanks guys

..

 

[boatbod]

To derive automatic citizenship under the Child Citizenship Act of 2000, your son must:
- be a GC holder
- be living in US in the custody of the USC parent

There are provisions for a child who normally lives abroad to apply for citizenship through an N-600K, but the rules are a little more complex, and you as the USC parent would still need to have the child living in your custody. See 8.CFR.322 for details.

 

[Jackolantern]

You need to file the I-130 (and associated documents) to obtain a green card for him. Then once he is admitted into the US as a green card holder and starts living with you in your legal custody, he automatically becomes a US citizen if you are a citizen. Then you can apply for a US passport for him, or the N-600 certificate of citizenship (which does not expire, unlike the passport).

 

[Jojo72]

Boatbod

You seem to know your stuff regarding children's citizenship. I have friend in the following situation. The father a United States Citizen fathered a child with a German in Germany, they were never married. The child is on the German birth certificate and lives with his German mother, who has sole custody, in Germany and also carries the mother's last name. The father has returned to the US and pays German child support but has never applied for a SSN or anything for the illegitimate child in the USA, so he also does not receive child tax credits or anything for that child. They are not in contact with one another or have a relationship other then child support payments. Question: can the German child apply for US Citizenship given the circumstances, if so how, and is there is a time limit e.g until the child is 18? Thanks for your info.

 

[Jackolantern]

Question: can the German child apply for US Citizenship given the circumstances, if so how, and is there is a time limit e.g until the child is 18? Thanks for your info.

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

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.