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david.smith

Child of US-Citizen born abroad

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Filed: Country: Canada
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Hi, I have a question that I hope I can find an answer here:

Can my son, who is born abroad, get a US passport providing the following information about me:

Year I came to US = 2000 (with green card)

Year I became US Citizen = 2005 (naturalization)

Year I got married = 2006 (wife is non-US citizen)

Year my son was born = 2008 (born abroad)

I really appreciate your help

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Hi, I have a question that I hope I can find an answer here:

Can my son, who is born abroad, get a US passport providing the following information about me:

Year I came to US = 2000 (with green card)

Year I became US Citizen = 2005 (naturalization)

Year I got married = 2006 (wife is non-US citizen)

Year my son was born = 2008 (born abroad)

I really appreciate your help

He is a USC by virtue of having a USC parent, doesn't matter that only one parent is and by naturalisation or that he was born abroad. Was his birth registered with the USEM/ Consulate and how long ago was he born? If only recently, you might be able to register the birth still, which makes acknowledging your paternity and therefore his right to citizenship easier.

If you look on the website for your wife's nearest USEM/Consulate, they will have a section that deals with this very issue. It changes somewhat country to country as to how to set about establishing his right to citizenship and what information needs to be provided.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Sorry Sundrop but I think you are a bit off the mark on this one.

First of all the OP stated when his son was born - 2008, which makes me question if you read his question?

He is NOT necessarily a U.S. citizen by virtue of have a U.S. citizen parent.

If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which where after their 14th birthday.

Edited by trailmix

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Filed: Country: Canada
Timeline
Hi, I have a question that I hope I can find an answer here:

Can my son, who is born abroad, get a US passport providing the following information about me:

Year I came to US = 2000 (with green card)

Year I became US Citizen = 2005 (naturalization)

Year I got married = 2006 (wife is non-US citizen)

Year my son was born = 2008 (born abroad)

I really appreciate your help

He is a USC by virtue of having a USC parent, doesn't matter that only one parent is and by naturalisation or that he was born abroad. Was his birth registered with the USEM/ Consulate and how long ago was he born? If only recently, you might be able to register the birth still, which makes acknowledging your paternity and therefore his right to citizenship easier.

If you look on the website for your wife's nearest USEM/Consulate, they will have a section that deals with this very issue. It changes somewhat country to country as to how to set about establishing his right to citizenship and what information needs to be provided.

SunDrop, Thank you so much for your quick reply!! I really appreciate it!

I am just a little worried because somebody told me that I need to wait 5 years, after becoming a US Citizen, since the law require a proof of physical presence in the US for 5 years (the law however didn't indicate wether it has to be after becoming a US citizen or not). I have more than 5 years of physical presence in the US (2000-2006) but that was before I became a citizen. Do you have any idea about this?

Thank you

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Filed: Country: Canada
Timeline
Sorry Sundrop but I think you are a bit off the mark on this one.

First of all the OP stated when his son was born - 2008, which makes me question if you read his question?

He is NOT necessarily a U.S. citizen by virtue of have a U.S. citizen parent. Also, he probably can't just register the birth abroad as his Father does not have enough 'physical presence' in the U.S. prior to the child being born.

The answer can be found in Child Citizenship act of 2000.

trailmix, thank you for your reply.

I already read the Child Citizenship act of 2000; however the act doesn't tell wether the physical presence has to be after becoming a US Citizen or not. I have more than 5 years of physical presence in the US before the child was born (these were before I became a US Citizen). Do you know anything about this?

Thank you so much.

Edited by david.smith

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Filed: IR-1/CR-1 Visa Country: Canada
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You will find a lot of information here: http://www.consular.canada.usembassy.gov/birth_abroad.asp

And you are right, it never does state anywhere whether or not you have to be a U.S. citizen to have those 5 years of physical presence count.

I would doubt it makes any difference

What I would do is email the Montreal Consulate at Montreal-IV-DV@state.gov and ask the question giving the facts you have given us (or your local consulate even) - just to double check.

Good luck!

Edited by trailmix

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Filed: Country: Canada
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Hi, I have a question that I hope I can find an answer here:

Can my son, who is born abroad, get a US passport providing the following information about me:

Year I came to US = 2000 (with green card)

Year I became US Citizen = 2005 (naturalization)

Year I got married = 2006 (wife is non-US citizen)

Year my son was born = 2008 (born abroad)

I really appreciate your help

He is a USC by virtue of having a USC parent, doesn't matter that only one parent is and by naturalisation or that he was born abroad. Was his birth registered with the USEM/ Consulate and how long ago was he born? If only recently, you might be able to register the birth still, which makes acknowledging your paternity and therefore his right to citizenship easier.

If you look on the website for your wife's nearest USEM/Consulate, they will have a section that deals with this very issue. It changes somewhat country to country as to how to set about establishing his right to citizenship and what information needs to be provided.

SunDrop, Thank you so much for your quick reply!! I really appreciate it!

I am just a little worried because somebody told me that I need to wait 5 years, after becoming a US Citizen, since the law require a proof of physical presence in the US for 5 years (the law however didn't indicate wether it has to be after becoming a US citizen or not). I have more than 5 years of physical presence in the US (2000-2006) but that was before I became a citizen. Do you have any idea about this?

Thank you

You will find a lot of information here: http://www.consular.canada.usembassy.gov/birth_abroad.asp

Also the 5 years after becoming a citizen thing you were told is not true.

Thank you so much!! Everything is clear now! I appreciate it! :star:

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Sorry Sundrop but I think you are a bit off the mark on this one.

First of all the OP stated when his son was born - 2008, which makes me question if you read his question?

I did read his post, thank you. 2008 has 366 days in it. We're 9 days shy of the end. If the baby was born yesterday, it's potentially less complicated than if the baby was born on 1st January 2008. I believe some consulates won't let you register a birth if it's more than x months old. He hasn't stated where abroad is...

HOWEVER, I'm happy to concede that I jumped to conclusions about how the OP came about his naturalisation.

If I understand the process correctly and he was granted citizenship on the basis of marriage to a USC, he might have only been in the US for 3 years prior to naturalisation and this could mean that he wouldn't meet the criteria (if the baby was born early 2008). If through non-marriage visa, then a minimum 5 years residence is required to qualify for naturalisation. Unless he had a marriage based visa, naturalised, divorced and then remarried, then yes, his child may not qualify for automatic citizenship.

But since the OP has now confimed my assumption that he was resident for 5 years', this is all a mute point.

ETA: 366 days, 2008 is a leap year :D

Edited by SunDrop

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Sorry Sundrop but I think you are a bit off the mark on this one.

First of all the OP stated when his son was born - 2008, which makes me question if you read his question?

I did read his post, thank you. 2008 has 366 days in it. We're 9 days shy of the end. If the baby was born yesterday, it's potentially less complicated than if the baby was born on 1st January 2008. I believe some consulates won't let you register a birth if it's more than x months old. He hasn't stated where abroad is...

HOWEVER, I'm happy to concede that I jumped to conclusions about how the OP came about his naturalisation.

If I understand the process correctly and he was granted citizenship on the basis of marriage to a USC, he might have only been in the US for 3 years prior to naturalisation and this could mean that he wouldn't meet the criteria (if the baby was born early 2008). If through non-marriage visa, then a minimum 5 years residence is required to qualify for naturalisation. Unless he had a marriage based visa, naturalised, divorced and then remarried, then yes, his child may not qualify for automatic citizenship.

But since the OP has now confimed my assumption that he was resident for 5 years', this is all a mute point.

ETA: 366 days, 2008 is a leap year :D

:blink:

Actually I didn't read his posting thoroughly enough - he has lots of residence in the U.S. - more than sufficient - physical presence is physical presence - regardless of whether he is a citizen or not - but it can't hurt to check that point with the consulate.

I understand now that you did read the post and you were questioning exactly when the baby was born (which I think in general is a moot point - since I can't imagine that different consulates have different rules on when a birth can be registered - the law is the law). So I apologize for implying you hadn't.

But anyway, this thread is all a bit disjointed as David is quick and replied to my postings before I had really finished editing :lol:

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