Baby Born in Canada to a US Citizen and Green Card Holder

[NikLR 13,220]

Ignore the stupidity on here. You do not have to explain why you want US citizenship for your child. That's your business, not ours.

You do not need to have stayed in the US for 5 years as a US citizen to pass US citizenship on to your son. Your time as an LPR counts towards the 5 years. SInce you came in 2000, got your citizenship in 2009, and left in 2013, you meet the 5 years residency to pass on US citizenship to your son.

Google "CRBA US citizenship Canada."

Best of luck.

You do NEED to be residing in the USA for 5 years. The USCIS website doesnt state being an lpr counts towards this on the page I copied from. If it does please link said information. Edited December 7, 2016 by NikLR

[NikLR 13,220]

I wonder how people dont get the citizenship question.

OP is a citizenship of USA and can live anywhere in the world and have a child in anywhere in the world and still pass on citizenship to his child period!

Go to the US embassy and report the birth of your child so that the child will be able to get a USA passport.

On a side note, I hope you have been paying your taxes. And your wife could lose her GC if she continues to live in Canada. GC is not a for living outside USA.

Congrats on the baby!

Yes a citizen can pass on citizenship, if they meet the requirements to do so. Not all citizens can pass on citizenship without living in the USA for a certain period of time.

[IcezMan_IcezLady 582]

Yes a citizen can pass on citizenship, if they meet the requirements to do so. Not all citizens can pass on citizenship without living in the USA for a certain period of time.

You are misquoting.

It is says " 5 yrs of physical presence prior to the birth of the child.."

Nowhere does it says "immediately"

you can't interpret the law how you deem it to be.

The "prior" has no specific date range.

Just like the interpretation of "natural born" US citizenship was under debate during the elections.

[IcezMan_IcezLady 582]

2009 to 2013. Is someone not able to do math? The only way that would be 5 years is if the person was a citizen and present in the USA for all of 2009 and 2013. Which unless you become a citizen on Jan 1, 2009 and reside in the USA until Dec 31, 2013, it's impossible.

The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

Serving honorably in the U.S. armed forces;

Employed with the U.S. government; or

Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

It is possible that the time spent visiting in Canada may be counted as residing in the USA if proof can be had of maintaining domicile in the USA and the PR card for Canada wasn't applied for during that time.

Unlike the USA, Canada allows you to move there with a spouse with the intent to immigrate. However, the PR card can take much longer to get inland.

This is not about math ..it is about the interpretation of "prior".

He was a citizen prior to his birth and he couldn't have been a citizen without 5 yrs in the US.

[NikLR 13,220]

You are misquoting.

It is says " 5 yrs of physical presence prior to the birth of the child.."

Nowhere does it says "immediately"

you can't interpret the law how you deem it to be.

The "prior" has no specific date range.

Just like the interpretation of "natural born" US citizenship was under debate during the elections.

It specifies that a US citizen must have 5 years of physical precemse.

Your statement, as quoted, said any usc can pass on citizenship to any child they have, which isnt true. They are required to have physical presence or be living in the USA at the time of the child's birth.

However, the USCIS website does not state if that 5 year presence can be as an lpr and usc or just as a citizen. I assume it to be as a citizen, but I could be wrong about my interpretation if factual evidence can be provided. (Aka evidence from the USCIS manual or other goverment website or source.)

No, I'm not going to believe you just because you think I should. Lol

[Boiler 43,422]

Insufficient content to discuss CRBA.

Would have to be evidenced and is possible.

[NikLR 13,220]

This is not about math ..it is about the interpretation of "prior".

He was a citizen prior to his birth and he couldn't have been a citizen without 5 yrs in the US.

Not true. If married previously to a USC he could have become a citizen with 3 years.

I can file for citizenship, if I wanted to, based on that exact circumstance.

[NikLR 13,220]

Okay since I was interested.. I found it myself while the dog was out having a pee.

YES physical presence before citizenship does count. So yes the OP can apply for CRBA for the child.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

Chapter 5, C 1

C. Physical Presence of the U.S. Citizen Parent or Grandparent


1. Physical Presence of Child’s U.S. Citizen Parent​
​
A child’s ​U.S.​ citizen parent must meet the following physical presence requirements:​​

• The parent has been physically present in the ​United States​ or its outlying possessions for at least five years; and​
• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.​​

​
A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.​

I stand corrected and am happy for the OP. Congrats.

[IcezMan_IcezLady 582]

Not true. If married previously to a USC he could have become a citizen with 3 years.

I can file for citizenship, if I wanted to, based on that exact circumstance.

You're right on that one..I should have still used the 5 yr rule.

Regardless, OP qualifies unless someone challenges the law (supreme court will be the place to resolve such dispute in the interpretation of the law).

[Cocacola7890 0]

Thank you all for your response. It really helps a lot. I really appreciate everyone for their response and finding out the solution. I am happy that i can get the citizenship for the baby as i have stayed in US for total of 13 yrs including PR and as a US Citizen.

Thank you all again.

[aaron2020 11,651]

Okay since I was interested.. I found it myself while the dog was out having a pee.

YES physical presence before citizenship does count. So yes the OP can apply for CRBA for the child.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

Chapter 5, C 1

I stand corrected and am happy for the OP. Congrats.

You found it yourself? Really? The rest of us pointing out time as an LPR counted towards the 5 years was not your first clue? Nope. You found this information yourself.

Should have found the time to research things before taking the time to write posts attacking others for being wrong when you are making up stuff.

Edited December 7, 2016 by aaron2020

[NikLR 13,220]

You found it yourself? Really? The rest of us pointing out time as an LPR counted towards the 5 years was not your first clue? Nope. You found this information yourself.

Should have found the time to research things before taking the time to write posts attacking others for being wrong when you are making up stuff.

At the risk of being off topic...

I said I could be wrong earlier... lol. I knew I'd get an "I told you so post" because someone cant admit to being wrong without one. You win the internet. Gold star!

[Cocacola7890 0]

I got a conformation from the US Consulate General Toronto saying "You may transmit US Citizenship to your child if child is born to US. Citizen Parentand you have lived in the U.S. for 5 Years at any given time. It is irrelevant on what status you had as long as you were physically residing in the US and you will have to provide document in support of your claim"

[babyduck 3]

I got a conformation from the US Consulate General Toronto saying "You may transmit US Citizenship to your child if child is born to US. Citizen Parentand you have lived in the U.S. for 5 Years at any given time. It is irrelevant on what status you had as long as you were physically residing in the US and you will have to provide document in support of your claim"

Congrats! I am not sure why the posters behaved in such an irrational manner on this thread.

1. I fully agree with your transmitting your US citizenship to your child regardless of where you live. With the way the world is changing, providing your child the ability to live/work in other countries is a huge gift! I noticed that you are from India, so do consider applying for OCI (Overseas Citizen of India) for your child too.

2. As you have already found out, the 5 year residency rule applies to ANY form of residence - as a visa holder, PR, US Citizen,.

My sister moved to Singapore literally the week after she got her US passport and has had 2 kids there. She has less then a month of residence as a US citizen, but 10 years as a visa holder and PR. Both of the kids received US citizenship with no issues whatsoever. To be on the safer side, after getting the CRBA, apply for a Certificate of Citizenship too. The CRBA should be enough, but many employers can be poorly educated on these issues (just look at this thread), and having the certificate is another layer of protection for your baby!