Citizenship of a baby born in a foreign country
What is the citizenship status of a baby born abroad to only one American – US citizen (and generally the rule for citizen’s of other counties)? Cutting to the chase and with out all the legalese, a baby born in a foreign country where one parent is a US citizen can be a US dual citizen. Therefore, if you live in Europe and are married to a European or EU citizen the baby is a US citizen. However, the following steps must be taken to register the baby.
Steps to register a baby in a foreign country as a US citizen
1. Go to the consulate with the baby
2. Original copy of the baby’s birth certificate
3. Original copy of the parent’s certificate of marriage
4. Parent’s passports
5. $65 USD
It is that simple. See the baby is already a US citizen when born, even to one parent, its just really registering the baby as a citizen. Can a child be a dual citizen? yes, simple in the US they go by US laws abroad they go by the laws of that county.
Tags: citizenship, dual-citizen, US citizenship for a baby
204 responses to Citizenship of a baby born in a foreign country
So what benefits does dual nationality have?
What happens if you fail to register soon after birth? Is there a time limit?
Time limits- 18. But if you want to get a citizenship after that it gets more complex so do it before 18. I would recommend when they are a child it gets harder with time.
benefits, of citizenship – the right to live and work in two different places in the world, open yourself up to new languages cultures many. Also it is kind of fun to have dual citizenship. If I am a citizen of an EU country and the USA for example then I work and live more places my life will be richer.
my grandaughter was born in trinidad my son a born american citizen is having a tough time getting an american passport for his daughter. His birth certificate is not enough proof he is an american citizen his w2s is not enough now they want his school records he also supplied his social Security records
@Seta, Something sounds funny. If you are an American, you can show you passport and Birth certificate some evidence that you are American. What they might be looking for is that the American citizen at sometime resided in the USA before the birth of his daughter. If he never, ever lived in America it could be a problem. But as long as he once lived in America it should be fun with his daughter’s citizenship.
My step son is a 38 years old. He had lived in the U.S. from toddlerhood until age 35, when he was deported. He was born in Isreal to an American father and a French mother. His American citizenship, apparently was never established at birth. What is the best way for him to establish his American citizenship, at this point, so that he can return to the U.S?.
Note:
His deportation was quite a shock to all of us!!
e ojna – That is a hard question. I do not want to mislead you so it is better asking a citizenship lawyer I think. I think the best way is to be 100% honest apply. I do not know all the facts but if his parents live in the USA he should be able to get into the USA even as an adult and get citizenship.
I have a good question? My girlfriend is pregnant in Jamaica! I am an American citizen! What steps do I have to make to get both of them to America soon as possible?
Hi Tony, First having a child is the best. You will see. Get married. If you want to get to the USA, you can do a quick marriage even in Vegas in about 20 minutes, look into Vegas weddings or similar weddings where you are. Then march to the US consulate and get a visa. But you can also just move to the USA now on a fiancee visa, again from the US consulate. Yes today you can move to the USA if you get this visa as long as you will be married in the next six months. So I would do that. About getting your baby a US citizenship of course you know if you are a citizen even if born in a foreign country. Or your baby is born in the USA then he or she will be get citizenship.
We come from Vietnam.
My boy was born in US last year (2008). He has already his US passport now.
We are moving now back to Vietnam.
Will he still able to keep his US citizenship? even if he will live all his life in Vietnam.
Thank you and I am waiting for your answer.
Yes. He will be a US Citizen unless he formally gives up his US Citizenship to a US official. Once a citizen he will always have citizenship.
Hi there, thank you so much for doing this service. I am a US citizen and my russian girlfriend, of 5 years, has our 13 month old baby in Moscow. Assuming she is lucky enough to get a tourist visa for them both, how soon can I marry her in Bangor, ME? Should we fly to vegas? Get married in moscow? The fiancee visa application looks like it will take at least 8 months, but I am worried if she gets denied the tourist visa [she has already been here 4 times], we will incur major problems. I just graduated college one month ago and currently have no job, this might make it extra tough, although searching daily. Altogether, money is certainly not an issue, just proof of income and support.
Thank you
I am a US citizen and my boyfriend is a citizen of India. He is here on student visa and I am pregnant, will he get citizenship when the baby is born?
Rebecca, yes your baby will be a US citizen.
Hi Stephen your child is a US citizen all you have to do is paperwork at the embassy. I do not think you even have to be married. I think the baby is a US citizen if born to one US citizen, married or not. You can get married in Moscow and teach English. You can certainly get married in Vegas very easy all you need is her passport. The whole issue is can you get your girlfriend in the USA. Baby yes as the baby is a US citizen. Girlfriend should not be a problem, on student or fiancee visa with patience. You should not worry about not having a job. You are a young guy right out of school. Tell them your a consultant anything. You are a US citizen and you have full right to live in the USA with your family. Even if you are unemployed. You can work at Walmart if you have to, I would. I am an American living and married in Eastern Europe and who cares about money if you have a beautiful family. You are a US citizen and are you telling me the government would deny you and your baby the right to be with their mother, married or not? I would try everything and not worry about income. Tell them you will live with your parents anything, but they can not deny you or your child the right to live in their own country and your girlfriend as she is the child’s mother. Get married where you both want to get married and figure the other stuff latter. Personally I think Moscow is more interesting than most places in the USA.
hi,
I just recently gave birth at Dec last year (2008) in Australia and I moved back to US a month ago with my baby. My husband is a US citizenship and I am the PR of US. So what’s the fastest way to get the citizenship for my baby?
I called the USCIS and they told me I have two options – one is to apply US Passport and the other way is to apply Certificate of Citizenship through USCIS. The lady from USCIS suggested me it’s better to apply US Passport. What do you think? And do I need to apply social security card for my baby first before applying passport?
Your baby is technically already a US citizen, you just have to get it confirmed. Social security and passport have nothing to do with citizenship. They are something separate but most people do them at the same time. You can download the forms online for a certificate of citizenship from the US embassy. I by the way will most likely get a passport and social security number also, but these are different forms.
hi,I just gave birth 2 months ago, I am not an American but my husband is, we are living in middle east. I know that my daughter can have American citizenship from her father,but somebody told us,that we should apply for it before the baby have 2 month,after that she can have it ,is that true?
I think you can apply up to the age 18. I hope so as I have not brought my daughter to the embassy yet. See you have to bring your child to the embassy so this is why I am very sure there is no 2 month rule for US citizenship. That is silly. And of course being from the middle east has nothing to do with citizenship, your daughter is a US citizen.
Hi there. My question is this: My wife and I are both US Citizens. We are pregnant with our second child. I would like to get this child citizenship in (ideally) a European country (or the UK), AND I would like to be able to use the birth of that child in that country to help get citizenship for myself. Is there any European country in which this is possible?
If not, in any south American countries?
thanks
Jed
Your baby might get Citizenship of the county your baby was born, but Europe goes by blood not birth place. If you are born in Germany, you are not a German citizen, unless you are a stateless person. However, I think in reality it would be pretty easy to get a citizenship. I do not know the specifics of the UK or other countries, but if you baby is a citizenship for sure it does not affect your status. You can apply with special consideration but only if you are living there for like 5 years. My family was from Poland, an EU country. My wife is Polish, I have a Polish baby, I have lived an worked in the EU legally for over five years and still waiting for citizenship consideration. My brother has lived in the UK for 20 years and his son is a full citizen, but he does not have citizenship yet. I think he could get it in a second, but he does not have now. So if you are a foreigner do not think they will hand out a citizenship, like in the USA (I am an American). But I like your idea and I think there will be some country that will, maybe in the EU, I am just not aware of this country. Please write here when you find out as I am very interested and others can benefit from your research. Again its a great idea regarding citizenship, yours and your baby’s.
Hi. I am in a mess. When I left the US, I have a US citizenship, to marry my husband in Jordan, my sister took custody of my daughter without my knowledge. She told them that no one knew where I was…blah blah blah…which wasn’t true. Asyway, long story short, I decided to stay here until all immigration was over with since my daughter was old enough to make her own choice and my sister had gotten her afraid of my new husband. My sister told me that she had asked for no child support, and me being apparently stupid believed this. Now I have applied for a passport for my son who’s citizenship I just had verified and the embassy called my husband just now to inform him that they need me to bring my passport to them, as it has been revoked due to owing child support! I wish I could, but I can not pay it now. It was hard enough coming up with the money to pay for the passport for my son. My question is…if anyone knows will the passport for my son be denied because of me owing child support? They are going to give me a temporary one to get back to the US, but what about him? I mean it’s not his debt yet I am one of the parents applying for it.
Although I am not an expert on Citizenship law per say for the USA, I think nothing you do can really affect your child’s US citizenship. There are two different issues. As long as your child is born to a US citizen and get citizenship, no one can take that away unless they resign their citizenship in an official way. Passports are just travel documents for citizens so I think you have nothing to worry about. But I am not an expert on babies born to US citizens but this is what I think.
I like to visit in Australia but now my wife is pregnant so tell me if i have a baby at the time of visiting in Australia what is the status of my baby born in Australia. baby is Australian citizen or Indian citizen.
Hi,
I am a french citizen. I go to school in America under a F1 visa. My boyfriend iis a canadian citizen who is going to school under a F1 visa also. Actually, I am pregnant, so my question is if I get birth in America will it change our status my boyfriend and I? Thank you for responding.
I am maintaining my F-1 status from last three years and my wife is here on independent Visa, she is 7 months pregnant. After she gives birth to a baby, it is obvious that the baby will be American citizen, on the other hand, will it be possible that we can get the American citizenship; if yes, then what are the procedures if not then do we have to keep on maintaining our F-1 status.
Your child’s citizenship does not affect your citizenship. It does help, with visas and eventually citizenship in the whole picture, but I do not think there is any law about you being a parent to a citizen will get you a citizenship. However, if you are marriage does accelerate the process of citizenship and visa’s. This is my understanding.
Hi,
I am an Australian Citizen and my girlfriend in Thai, I have been living in Thailand past 3 years.
We came to Australia on a 3 mth holiday at Xmas, only to find upon arrival that she was 5 weeks pregnant.
I understand that if we have the baby here it will automatically get Australian citizenship from me (she is on a bridging visa for a Permanent application), but what happens if we need to go back to Thailand and the baby is born there?
I have heard such differing reports, from (a) its easy, just apply for Citizenship to (b) you will never get your partner and child back!
Immigration have advised she can be granted a part-b bridging visa “permission to travel” which lets her retain her Briding/Permanent visa status when away, but its not clear if this is affected due to a birth when away, or what this means to the right of my child ie. will it be easier/harder due to my partner being on the bridging visa at the time.
Its very confusing and no one ant to give a straight answer!
I am not an expert on your situation, but I think the main point is, a baby does not affect the citizenship of the parent. Marriage affects the citizenship of the parent.
However, the babies citizenship is determined by the parents nationality. However, Australia has very hard requirements and I am not sure but I think, the child must be born in the country for automatic citizenship, otherwise it does get complex. But I am not sure, check the embassy website.
Hi there,
My father was born in the US from an American father and a french mother. His parents divorced, and he came back to France with his mum when he was 8, he then became an french citizen. He doesn’t have an US passport anymore (he didn’t renew it). I’m 35, I was born in France and live in Canada since 2 years, can I apply for the American citizenship ?
Great question Greg, yes you can apply and there is a chance you will get it as your father never gave up his US citizenship. However, for the citizenship to pass automatically to the child I think the parent needs to live in the US for like 7 years of his or her life. However, if you have an American father regardless I think you can apply and there is a good chance they will accept you. I am an American with a similar case in Europe, even though I did not get automatic EU (Polish citizenship) I got favorable treatment and a green card. Now after five years I will get citizenship. So the short answer is no ( I think) you do not get it automatically. But the long answer is yes, I think with some paperwork you can get your US citizenship. But you also are 35 so you are not under 18. But somehow I still think there might be a legal way to get citizenship.
I have a daughter who is an American citizen, she is 16 years old can me and my wife can get a citizenship of US on the basis of my daughter ?
@Shaik Citizenship is not passed from child to parent. However, if you daughter is living in the US and you are living in the US legally, with time you can apply for citizenship and I think this will help. But because you have a child who is a citizen, it does not affect your citizenship status.
I came from Cuba at age 23 and became a US citizen at age 35. I married a women and had a child before coming. I recently just brought my daughter from Cuba at age 18. what steps must I take to make my daughter a US citizen?
Yandy, She needs to live legally in the US for a period of time. She can get the information to apply at the Consulate. However, since she is 18,I think she does not get any automatic citizenship, rather it will be a process. It will be a process of writing and applying and making a case.
Hello,
I am a US citizen, born and raised in the US. I have a Peruvian girlfriend, who lives in Peru and has never been to the US. We have filed for a Fiancee visa. It turns out, she is pregnant now!! What does that mean for the Fiancee visa? What will that mean for my baby?? Will my baby be able to get US Citizenship even though she/he will be born in Peru? Will I have to apply for a K3/K4 visa for my baby? Or will we just be able to go to the Consulate in Lima to get my baby citizenship? Lastly, once/if the baby gets Citizenship can the baby come to the states without the mom?? Not that I want that, just questioning it?
Thank you so much for your help.
Mike
Hi Mark,
I live in America with my Husband (who is American). I have a Green Card (I am Australian). I am currently in Australia awaiting the birth of my baby and intend on taking her back to the US when she is born. Do I need to obtain any documentation for her to get through immigration in the US (apart from a Passport)? I am planning on obtaining an Australian Passport for her as it is the easiest and quickest process (since I am in Australia at the moment). There is a chance that my Husband won’t be able to travel back with me therefore, I won’t have proof that her father is American since he won’t be there to show his US passport.
I have been told by an immigration Lawyer that I won’t need any documentation for my baby (apart from a passport) and she will automatically be able to get into the US with no problems; however, I find that a little hard to believe!
Thanks for your help!
Hi, my ex boyfriend and I had been together for almost 9 yrs until I gave birth here in the Philippines to a baby girl, she’s 3 yrs old now. the father of my child is an American citizen he works as an MSC merchant marine thus he’s always out of US, anyways, last January I broke up with him after learning that he’s been cheating on me for 3 yrs to a thai woman, when we broke up he promised to fix our daughter’s citizenship since that’s her birthright, but after that talked he did not keep his promises so i ended up requesting for a citizenship packet from the US embassy in Manila, I sent it to him in Michigan since he’s there right now, but then people from Fedex told me that he refused it 2x. My question is this: Is there a way for me to file for my child’s citizenship without asking anything from his end? the reason i asked is bec. he’s making it so hard for me and my daughter bec, he knows I need some documents from his end. Can I just file it providing documents only from my end and some pix of us together when we’re still together? I am sure I cant get his old passports, etc. because. that’s his way of making it so hard for me… thanks and I will wait for your reply.
Hi Mike, your fiancee being pregnant does not affect her visa status in any way. Your child will be a US citizen no matter where your child is born as one parent, you is a US citizen. You can get the citizenship at the consulate in Lima. And yes as a US citizen your baby can come to his/her country without the mom.
@Cass, Listen to the lawyer. Your baby’s age is not a factor in citizenship and immigration laws in your case. Your baby will be an Australian citizen on an Australian passport and that is all that is needed. If fact he will also be a US citizen but simply does not have confirmation. So just a passport.
@Bhong Sorry to hear about all your troubles. I think he does not want to pay child support or something. This is what he is afraid of. 1) Did he ever file the child as a dependent on his tax return. 2) I think you need his cooperation to get citizenship. Maybe not him but just his cooperation. Did you talk to the US consultant also if you can afford it a lawyer. But I think, technically you can apply without him if you can clearly establish a legal or biological connection, including birth certificate or passport or other forms of ID plus the baby’s birth certificate translated to English with a legal translator etc.
Make the application clear with as much evidence you can. In theory, I think, the child does not need the father to claim citizenship but they prefer it. So if you want to claim citizenship for your child start building a case on your own. A big case with all the documents you can get from the US or military or him and hospital.
Try his parents. Maybe they want their grandchild to have US citizenship. The parents might help you and get his birth certificate etc. Try child services in the state he lives, see if they can help.
Because even though I am a guy, I am a parent and I think a father should help with the innocent poor baby. I am a parent myself living in a foreign country.
Once you have your documents filled in Applications for Consular Report of Birth Abroad, in order it only cost $65 dollars for the application and appointment at the embassy of the US.
Thanks Mark – I appreciate you taking the time to write back!
My Thai girlfriend and I are expecting twins in a few months, but realize we’re not in a situation to take care of them ourselves and don’t plan to marry. Fortunately, my American brother and his Korean wife are anxiously hoping to adopt a baby, or perhaps babies! As an American myself, I’m curious to know how to go about such a thing. Should we wait for the babies to be born in Thailand and I submit for American citizenship there, then bring them to the US for my brother and his wife to adopt? Or just have them submit an adoption for the babies as Thai Citizens and complete the US citizenship requirements themselves? Thanks in advance!
If your brother is adopting your children that is very good of him. You have a nice brother. I do not have the information as to what you should do first. However, I have to say if you are not married, I have been doing more research and it sometimes is harder because the US government’s stance on granting citizenship to a child where the father is the American parent, but not married, to get citizenship for the child is harder for obvious reasons. That some American could falsely and knowingly claim to be the father, and get citizenship for the child, even for money.
On other note, it is your life, but you could teach English like many of my friends and even I do and anywhere in the world you can live a middle class income, so maybe you want to keep your family together?
I am not sure who wrote this article. In theory, you are correct it is that simple. However, I have been fighting for 9 months now and the U.S. Consular in the Philippines still has not told me why she will not decide on the citizenship of my twin daughters born in wedlock. I have paid considerably more than $65 due to legal adjudications of parentage and the State Department will not recognize that decision either as being enough to grant my daughters’ their birth right of citizenship.
@ c the easy answer is that they are not 100% sure that you are the father. I am sure you are, but they are not, because many people try to scam for US citizenship of children. That is they pay an American to claim they are the father of their unwed children. Marriage on the other hand increases this confidence. This is not the case with mothers who are citizens, it is clear their foreign born baby can be a citizen.
Hello! My name is Kateryna and I have a question. I am a Ukrainian citizen but live and work in Italy as a legal resident but not a citizen yet, I am expecting a baby who is going to born in Italy. The baby has an American father who lives in the US at the moment. What steps do we have to follow to give a baby a dual citizenship? Do we have to marry for that?
Thank you!
Kateryna
Hi Kateryna! If you are married to a US citizen, your baby can be a US citizen, if the father goes with you to the embassy and registrars consular Report of Birth Abroad. For your husband to get his baby born in a foreign county a US citizenship you will need:
1)Original copy of the birth certificate
2)Original copy of parents’ marriage certificate
3)Parents’ passports
4)Proof of the termination of parents’ previous marriages
I think it would be hard to impossible to get a US passport for your child if you are not married, unless, the women is the us citizen.
Further, as you know, Ukraine does not have dual citizenship so your baby would be just a US citizen, however, maybe you do not tell Ukraine anything and you could in theory have two passports.
Italy also in theory grant your child citizenship under certain conditions.
Lastly, do not listen to me, because I believe, if you love this man, it would be best for the child, to love and stay together your whole life. I am married and really love it. I can fully recommend marriage.
Let me know if you have any questions (I do not have all the answers but can try) about citizenship for your baby, and bet of luck.
Dear Mark!
Thank you so much for your answer! I appreciate your help very much. This is a really great thing you are doing and a really precious help for the others according to the answers I read.
In my case we are not married yet, so I wanted to ask if it is possible for us to marry in Italy or any other European country to get a valid marriage for the US?
I went to the US in 2008 and my visa is valid till 2013 being a tourist one, so I can stay not more than 6 months every time I am in the US.
My boyfriend was kind of hesitating to start the marriage case when I was in the US last time in 2009 as he heard that for marriage I had to come to the US only with fiance visa. I’ve got my tourist US visa in the embassy of US in Florence which took 1 day only and the procedure was fast and easy with all the documentation I’ve brought.
Anyway, after my last visit to the US in 2009 we found out that I am pregnant but I had to come back to Italy first of all because my 6 months of being in the US were running out and then it seemed easier to born a child here because of some problems with getting a health insurance for me being not married to him.
So, now, I wish to find out the best way for us to move and ask what difficulties can appear if we will marry after a baby born, not before? Will my boyfriend have to move through the adoption process or just to prove that he is a biological father?
As for foreigners in Italy who stay and work here with the special “permesso” , like me, it is 10 years for getting Italian citizenship, so I am going to get it in about 3 years, in case the laws will not be changed, as once it was about changing for 5 years, and another time for 15.
Surely I wish to make the future life of a baby easier according to the freedom of movement that I personally appreciate a lot after moving to Italy and getting my “permesso” which gives me the right to move freely around the most part of Europe and even the normal way of getting the US visa.
So, in our case, I just wanted to get the shortest way for a baby to get his/her US citizenship, maybe even dual one if the father of a child will not express his willing to marry me and a child will be following my citizenship changes getting Italian one.
Thank you again for your help! And I appreciate the way you talk about a family and your happiness of being married in your answers! This is just great!
Kateryna
Kateryna,
I think marriage is easy in the USA. In Nevada for example, it takes like 15 minutes, all you need is your passport. You have your Ukrainian passport and he has his US passport, you sign a paper and that is it.
I do not think you need a fiance visa at all.
Once you are married in one place, you are married all over the world. If you are married in Ukraine or Italy you are married all over the world. Your marriage is 100% valid for citizenship of your child anywhere.
Europe is better with social benefits of course, and a good place to raise a child, but if you are husband and wife in the US you are covered by his health plan as is your child.
Citizenship for your child is clear and easy if you are married. If not, I think it gets complicated.
I think you should get married now. Ukrainian girls are beautiful ,smart and hard working, and many have faith and ideals. He is very lucky to have you as a partner.
If he is afraid of marriage, I do not know, work on him, your a women you have the power of persuasion, appeal to his ideals and the importance of children.
I think its about the baby’s welfare and citizenship and he can be married, you guys meet for a reason. Maybe this is your destiny. But I do not have all the facts.
But the main thing is do not worry. Worrying does no good. The baby will be fine one way or another. Citizenship is not the most important thing, it is more important that the baby feels loved as you can never show a child too much love.
Thank you Mark!
For your easy and clear explanation!
I appreciate it !
I know that the things will go well in any case as I feel really blessed to give a new life to this world, then we’ll see what will happen.
I’ll let you know about the happy end or the new beginning!
Thanks again for the good things you are saying about Ukrainian girls !
Wish you and your family all the best!
Kateryna
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