US naturalized citizen giving birth outside US
- Thread starter redyams
- Start date
Please check this page from the State Department. Depending on your circumstances it might be good for you to come to the U.S to have your child to guarantee U.S. citizenship.
http://travel.state.gov/law/info/info_609.html
http://travel.state.gov/law/info/info_609.html
Jackolantern
Registered Users (C)
Unless the pregnancy is far along enough to create a likelihood of birth during the flight. That would REALLY complicate things. But then again, they don't normally allow pregnant women on the plane without a doctor's note to state that birth is not likely to happen at the time.
The child can be the beneficiary of derived citizenship if you have accumulated at least 5 yrs residency in the US (which I presume you probably have, since you already naturalized). Basically all you need to do is report the birth to your local US consulate, and apply for a passport.
whatishappening
Registered Users (C)
Ladybuggy, Why are you getting/taking second fingerprint notice although you have already gotten an interview and your citizenship is approved? It is in your signature.
Jackolantern - Why do you say:
"That would REALLY complicate things."
If 1 US citizen parent was physically present for 5 yrs after a certain age then the child is a US citizen. I am not sure how to prove this exactly - but if sb worked, studied in the US - probably it would be relatively easy?
"That would REALLY complicate things."
If 1 US citizen parent was physically present for 5 yrs after a certain age then the child is a US citizen. I am not sure how to prove this exactly - but if sb worked, studied in the US - probably it would be relatively easy?
Even though a citizen is a citizen is a citizen, when push comes to shove and they have to set priorities, they give preference to US born citizen when compared to naturalized citizen.
Also, a naturalized citizen's citizenship could be stripped in some situations. But a citizen by birth can't have his citizenship stripped.
If possible, have the baby in the US.
If not, make sure you satsify the "US presence" as defined in the website in Huracan's message above.
Also, a naturalized citizen's citizenship could be stripped in some situations. But a citizen by birth can't have his citizenship stripped.
If possible, have the baby in the US.
If not, make sure you satsify the "US presence" as defined in the website in Huracan's message above.
Also, check the laws of the country you currently live in.
Some countries it is not easy to "not take citizenship" of that country when born there.
eg: USA. Even if both the parents are not US citizens, but their child is US born, it is not easy to give up US citizenship in favor of the parents' country of citizenship.
Some countries it is not easy to "not take citizenship" of that country when born there.
eg: USA. Even if both the parents are not US citizens, but their child is US born, it is not easy to give up US citizenship in favor of the parents' country of citizenship.
Jackolantern
Registered Users (C)
To start with, the baby lands in the US without any travel, citizenship, or identity documents. Then there is the question of which country the birth should be registered in so a birth certificate can be obtained. Depending on the remaining length of the flight, sometimes they will even cut the flight short and land in a country that is en route to the final destination, so the baby can get medical treatment. And who knows what will have to be done to get the baby in and out of that random country.
If the baby qualifies for citizenship, it will be eventually sorted out, but it still would be complicated.
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frustrated_alot
Registered Users (C)
I don't think anyone has mentioned that if the baby is born outside of the US, she needs to register the birth at a consular office as well to ensure that it is on record. I think there is a special birth certificate that has to be issued from there.
CrossHairs
Registered Users (C)
This case is simple, correct???
http://travel.state.gov/law/info/info_609.html
Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
slightly more complex:
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.
http://travel.state.gov/law/info/info_609.html
Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.
slightly more complex:
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.
Jackolantern
Registered Users (C)
The poster hasn't mentioned marital status or the citizenship of her spouse, so we don't know which rules are applicable.
Jackolantern
Registered Users (C)
That's not quite true. Becoming a citizen at birth while overseas still allows one to become president. It is naturalized citizens who are ineligible. Presidential candidate John McCain was born in the Panama Canal zone to US citizen parents. He was also a candidate in 2000 ... if he was ineligible to become president, somebody would have stopped him by now.
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TheRealCanadian
Volunteer Moderator
The 14th Amendment says that they cannot.
A very quick look at redyams posts history shows that she naturalized around September 2003, so she doesn't comply with the 5 year rule no matter when she moved abroad. My assumption is that her husband is not a U.S. citizen. I think the only option is to deliver the baby in the U.S. unless I am missing something. It would be great if redyams could come back to the thread and either tell us that she has enough info or not. We're debating this thing to death 
I don't recall anything in the rules saying the USC parent had to have 5yrs residency AS A CITIZEN, just that they needed to be a citizen and have been resident for 5 yrs. To me, that sounds like GC residency should count too. Maybe it'd be worth calling the state dept or your local consulate to check.
My Children were born in Germany where my Husband was stationed at. We were in an Area with no Military Hospital so they were born in a German Hospital so they can not be presidents. Woudl they have been born on Base in Hospital they would of been eligable. Weird huh ....