very confused

[Elle38]

I am an American living in Canada and I have a six month old son and I am trying to get his US certificate of birth abroad. I am not able to get it through me because I don't meet all the qualifications and I want to know if I can get it through his father. We were not and are not married and he still lives in the States. I know I can get something through my parents who are both American but does that make him American or just give him a green card and can I do that if I am still living in Canada for the time being?

 

[baikal3]

I am an American living in Canada and I have a six month old son and I am trying to get his US certificate of birth abroad. I am not able to get it through me because I don't meet all the qualifications and I want to know if I can get it through his father. We were not and are not married and he still lives in the States. I know I can get something through my parents who are both American but does that make him American or just give him a green card and can I do that if I am still living in Canada for the time being?

Are you sure that your son does not qualify for U.S. citizenship through you? The requirements, in case of an out-of-wedlock birth abroad to a U.S. citizen mother, are fairly minimal: in order to transmit the U.S. citizenship to the child, the mother needs to have been present in the U.S. at some point prior to the child's birth for a continuous period of at least one year. Are you saying that this does not apply to you?

In case of a birth abroad, out-of-wedlock to a U.S. citizen father, the requirements are more complicated, see
http://travel.state.gov/law/citizenship/citizenship_5199.html

"A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person 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 person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
* the person is legitimated under the law of his/her residence or domicile,
* the father acknowledges paternity of the person in writing under oath, or
* the paternity of the person is established by adjudication of a competent court."

To satisfy 1), the father would probably have to do the DNA test.

The third way to get your son U.S. citizenship (assuming the above two ways do not work) is through your parents, under the provisions of INA 322, http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10006.html
This involves the so-called "expedited" naturalization procedure, conducted from abroad and without having to get a green card. You'd have to file form N-600K for your son with USCIS to apply for such expedited naturalization for him, http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The main requirements there are:
*that your son be living with you abroad in your legal and physical custody
*that one of YOUR parents be a U.S. citizen who has been physically present in the United States for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years
*that the application be submitted and approved before your son turns 18 years old.

Unlike the first two ways, this one involves naturalization rather than claiming citizenship at birth.