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mupsyc

Having Our Baby During Month of Our Consulate Interview

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I'm sure this is an obvious question.. but just to confirm..

 

Can I file a Consular Birth Abroad Report/Passport for our newborn baby since I'm a USC? Isn't he an automatic US Citizen through Transmigrating Citizenship? I wanted to make sure I didn't need to add him as a Derivative Applicant on my wife's Immigrant Visa Application before the interview.


Of course I would provide the proper documentation and set up an appointment at the Ecuadorian Consulate. It's unknown as to whether this will happen before or after the visa interview.

 

If it's after should we bring him? Typically the rules state not to bring any children to the visa interview but I feel like it might be a support for our case, obviously.

 

Thanks for your help!

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Just now, mupsyc said:

I'm sure this is an obvious question.. but just to confirm..

 

Can I file a Consular Birth Abroad Report/Passport for our newborn baby since I'm a USC? Isn't he an automatic US Citizen through Transmigrating Citizenship? I wanted to make sure I didn't need to add him as a Derivative Applicant on my wife's Immigrant Visa Application before the interview.


Of course I would provide the proper documentation and set up an appointment at the Ecuadorian Consulate. It's unknown as to whether this will happen before or after the visa interview.

 

If it's after should we bring him? Typically the rules state not to bring any children to the visa interview but I feel like it might be a support for our case, obviously.

 

Thanks for your help!

If you are eligible to transmit,  then yes a CRBA would be appropriate.   If not eligible to transmit  you will be delayed because to the best of my knowledge,  there is no derivative option 


YMMV

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Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, 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. For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

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