CHILD BORN AFTER PARENT BECAME US CITIZEN

[bnation_86 17]

hello please my son was born after i became a naturalized us citizen can i apply for citizenship for my son outside the united states?

[milimelo 4,237]

This seems to be in direct contradiction to your other topic that says the child was born before you became citizen. 

 

You'll have to petition him via I-130. 

[Se&Se 8]

On 11/25/2017 at 10:45 PM, kubi_gyasi said:

hello please my son was born after i became a naturalized us citizen can i apply for citizenship for my son outside the united states?

Once he was born after you became citizen,He is automatically a citizen through u.You have to do what they called "Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA)".So consult the embassy they will tell you how to apply for that.

[NikLR 13,220]

On 11/30/2017 at 12:26 PM, Se&Se said:

Once he was born after you became citizen,He is automatically a citizen through u.You have to do what they called "Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA)".So consult the embassy they will tell you how to apply for that.

Uhm no.  Crba requires a presence test that a new USC would not pass. EDIT: MAY not pass.  Due to items introduced in this thread I have become more aware. Thank you.

 

If the child was born before citizenship it can never be passed.  The child must be an LPR before citizenship can be granted in that case so must be petitioned with an I-130. 

Edited December 2, 2017 by NikLR

[Se&Se 8]

14 minutes ago, NikLR said:

Uhm no.  Crba requires a presence test that a new USC would not pass.  If the child was born before citizenship it can never be passed. 

The child must be an LPR before citizenship can be granted so must be petitioned with an I-130. 

But I think he mention that the child was born after he became a citizen,man.So even if "  Crba requires a presence test that a new USC would not pass" as u said,one 2 or 3 years later he will qualify

Edited November 30, 2017 by Se&Se

[SusieQQQ 11,585]

Hm, the issue re presence test is this

 

"The U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen."

 

This doesn't actually specify that the parent needs to have been a citizen all of that time though?? Is that elsewhere in the regulations? At face value a new citizen could have been in the US that long with a green card or other prior visa too?

 

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

 

[Ontarkie 13,944]

I've seen it mentioned many times that being a PR counts towards physical presence. 

[SusieQQQ 11,585]

23 minutes ago, Ontarkie said:

I've seen it mentioned many times that being a PR counts towards physical presence. 

So nikilr’s claim that a new USC could not meet the test is not necessarily true.

 

more info from OP needed clearly ...(assuming the child was indeed born after being a USC, vs prior post)

[Ontarkie 13,944]

1 hour ago, SusieQQQ said:

So nikilr’s claim that a new USC could not meet the test is not necessarily true.

 

more info from OP needed clearly ...(assuming the child was indeed born after being a USC, vs prior post)

here's one of the many threads on here talking about it.

http://www.visajourney.com/forums/topic/606318-crba-possibility-for-a-child-born-on-oath-ceremony-day/?tab=comments#comment-8268371

 

[NikLR 13,220]

4 hours ago, SusieQQQ said:

So nikilr’s claim that a new USC could not meet the test is not necessarily true.

 

more info from OP needed clearly ...(assuming the child was indeed born after being a USC, vs prior post)

True, if the parent was was 5+ years they could potentially pass it on.  But then you file the CRBA and try.  The embassy or consulate will evaluate the claim.  We seem to have a majority here that get citizenship at 3 years.  How they would have a child outside the USA at that point is interesting but not impossible. 

[abum 324]

16 hours ago, SusieQQQ said:

Hm, the issue re presence test is this

 

"The U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen."

 

This doesn't actually specify that the parent needs to have been a citizen all of that time though?? Is that elsewhere in the regulations? At face value a new citizen could have been in the US that long with a green card or other prior visa too?

 

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

 

 

 

12 hours ago, Ontarkie said:

I've seen it mentioned many times that being a PR counts towards physical presence. 

 

From what I have read (since i asked around in other places), the 5 years period will include presence in the USA in any status (illegal, non-immigrant, student etc). So that will count towards the 5 years calculation, not just status as LPR/GC holder or status after being a citizen.

Edited December 1, 2017 by abumiqdad

[SusieQQQ 11,585]

8 hours ago, NikLR said:

True, if the parent was was 5+ years they could potentially pass it on.  But then you file the CRBA and try.  The embassy or consulate will evaluate the claim.  We seem to have a majority here that get citizenship at 3 years.  How they would have a child outside the USA at that point is interesting but not impossible. 

 

Yet, not everyone gets their green cards through spouses and in a case where an alien spouse of the new citizen gives birth abroad a 5-year green card citizenship process is clearly the way the person acquired it... (because if it’s a spousal green card / naturalization then both parents are citizens and presumably the other parent can also meet the presence requirement. Right?)

 

24 minutes ago, abumiqdad said:

 

 

 

From what I have read (since i asked around in other places), the 5 years period will include presence in the USA in any status (illegal, non-immigrant, student etc). So that will count towards the 5 years calculation, not just status as LPR/GC holder or status after being a citizen.

Yes I believe i was said above that any status including non immigrant counts (“prior visa”), surprised to hear that they accept illegal presence though.

Edited December 1, 2017 by SusieQQQ

[NikLR 13,220]

I never assume the usc spouse i s the other biological parent.  Or that citizenship isnt derived at 3 years due to vawa. 

[SusieQQQ 11,585]

6 hours ago, NikLR said:

I never assume the usc spouse i s the other biological parent.  Or that citizenship isnt derived at 3 years due to vawa. 

Of course there will be exceptions, but if the above factors are anywhere near being so common that you would blanket statement "Crba requires a presence test that a new USC would not pass", then something is seriously wrong with the US spousal visa system.

 

Anyway OP appears to have gone AWOL so we don't know what his particular circumstance is.

[abum 324]

8 hours ago, SusieQQQ said:

 

Yet, not everyone gets their green cards through spouses and in a case where an alien spouse of the new citizen gives birth abroad a 5-year green card citizenship process is clearly the way the person acquired it... (because if it’s a spousal green card / naturalization then both parents are citizens and presumably the other parent can also meet the presence requirement. Right?)

 

Yes I believe i was said above that any status including non immigrant counts (“prior visa”), surprised to hear that they accept illegal presence though.

This is the link i was given as the basis of illegal time spent in the USA prior to becoming a US Citizen to be counted.

 

https://fam.state.gov/FAM/07FAM/07FAM1130.html#M1133_3_2

 

a. Current Practice

(1)  The INA does not define "physical presence," but the Department interprets it as actual bodily presence.  Any time spent in the United States or its outlying possessions, even without maintaining a U.S. residence, may be counted toward the required physical presence.

(2)  Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status.  Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time.