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.
Citizenship of child born abroad
- Thread starter patkt
- Start date
cafeconleche
Registered Users (C)
The child derives US citizenship from you (as I am assuming you are a naturalised US citizen).
I think the rules are a bit more complex. I would suggest contacting the nearest US consulate and try to register the birth abroad. You might need to comply with certain residence requirements in the US.
http://travel.state.gov/passport/get/first/first_828.html
http://travel.state.gov/passport/get/first/first_828.html
Hi,
I want to know if a child born abroad is a US citizen if I am a US citizen and my husband is a GC holder. If not, then what needs to be done in order for the child to get citizenship.
Thanks,
patkt
In your specific case, you born abroad child is US citizen, if:
You yourself (who is a US citizen) PHYSICALLY lived in the US for 5 years. You can count your time while you were LPR as well as time after you became citizen etc. You can say you were PHYSICALLY living 5 full year before the Childs' birth, but you will have to prove it to the US embassy in the country your child was born. Also, you reported the birth within, I think, 1 or 2 years.
Above rule applies to people like you who are US citizen themselves, and their Spouses are not US citizen.
There are different rules for different people like:
1. when both parents were USC and they were married.
2. or When both were USC and weren't married.
3. or One was USC and other was not USC and they were married,
4. or one was USC and the other was not USC but they weren't married.
Since you are married and only your are USC, not your spouse, so 3 applies to you but you also have to prove you lived PHYSICALLY (provable five full year or more physical presence in the US) before the child's birth. So you should not delay and apply to the US counselor asap.
hope this helps. Same information can be found on the State depts. website, but i tried to simplify it for you.
aero.
Thanks aero_ir! I was a LPR since 1998 and have been PHYSICALLY present in the states since 2002 with just 7 months (in 7 years) outside USA. So I guess if I report the child to the nearest consulate it should be fine from then.In your specific case, you born abroad child is US citizen, if:
You yourself (who is a US citizen) PHYSICALLY lived in the US for 5 years. You can count your time while you were LPR as well as time after you became citizen etc. You can say you were PHYSICALLY living 5 full year before the Childs' birth, but you will have to prove it to the US embassy in the country your child was born. Also, you reported the birth within, I think, 1 or 2 years.
Above rule applies to people like you who are US citizen themselves, and their Spouses are not US citizen.
There are different rules for different people like:
1. when both parents were USC and they were married.
2. or When both were USC and weren't married.
3. or One was USC and other was not USC and they were married,
4. or one was USC and the other was not USC but they weren't married.
Since you are married and only your are USC, not your spouse, so 3 applies to you but you also have to prove you lived PHYSICALLY (provable five full year or more physical presence in the US) before the child's birth. So you should not delay and apply to the US counselor asap.
hope this helps. Same information can be found on the State depts. website, but i tried to simplify it for you.
aero.
cafeconleche
Registered Users (C)
Exactly, and I assumed that you were a naturalised citizen, in which case your child is a citizen since you've spent enough time in the US.
Last edited by a moderator:
The only caveat is that you will have to prove your time spent in the US - so start gathering evidence such as:
- SSA statements (showing employment)
- Copies of taxes filed
- Any copies of leases you may have covering a span of 5 years
- College/university transcripts , etc
You will also have to show how you are staying the country where you child is born. If isn't your native country, then you will have to show some kind of visa or something.
Go to the US Embassy web site in the country you will have the child and read through the 'citizen's services' section. There are many things you need to put together to apply - including an affidavit attesting to your time spent in the USA.
Good luck.
- SSA statements (showing employment)
- Copies of taxes filed
- Any copies of leases you may have covering a span of 5 years
- College/university transcripts , etc
You will also have to show how you are staying the country where you child is born. If isn't your native country, then you will have to show some kind of visa or something.
Go to the US Embassy web site in the country you will have the child and read through the 'citizen's services' section. There are many things you need to put together to apply - including an affidavit attesting to your time spent in the USA.
Good luck.
Even if the child was born BEFORE you obtained the citizenship still your child is a USC as long he is under 18 and 5 years residency are met. My son received his CBRA and US passport and he was born 4 months before i naturalized citizen. I contacted the state department, American citizen services and they confirmed that before i went to the US embassy. I am so happy that i am done
Last edited by a moderator: