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.
516 responses to Citizenship of a baby born in a foreign country
Do I have to register my child?
I am a US citizen and my husband is British. Our child was born in the UK. If we visit the US, does my child have to have an American passport? Even if he has a UK passport?
Marie, I believe your child can visit the USA with a UK passport as your child has not yet got connfirmation of US citizenship. I recommend you get the ball rolling as it is useful to have both passports. My nefew is a dual US and UK citizen and my daughter is a dual US and Polish citizen. The process is not that had if you have the papers. But I think for sure your child can visit the USA on a UK passport.
Mark Biernat said: “But I think for sure your child can visit the USA on a UK passport.”
A US citizen arriving in the USA with his or her child and presenting a non-US passport for that child will face questioning. There are very few situations in which the State Department and ICE tolerate use of a foreign passport by a US-citizen minor (this concerns mainly children of foreign diplomats).
The child, born abroad to US citizen parent(s) will not be a US citizen if the parent(s) have not had the requisite periods of U.S. residence and can prove that fact. (Oversimplifying: one year of uninterrupted physical presence for an unwed mother; 5 years of total US residence including 2 after the age of 14 for other parents). In other cases the child is a US citizen from birth irrespective of whether that fact is proven, or even whether it is known to the parents.
That said, the US Government (and the IRS) do not know who all its citizens are, and some expatriate tax absconders never registered their children with a consular office. The child is no less a US citizen but who’s to know? And as the years pass the facts become harder to prove. Most people are happy to have US nationality and to have that nationality recognized by the Government. Some, mainly wealthy ones, are not.
What if the baby is born in Lebanon?
Does this also apply to a baby born in Lebanon?
The father is American, the mother is Syrian, and the baby is to be born in Lebanon.
Will the same steps apply?
Well if you are married or can prove this is the father (there was a lot of citizenship fraud arround this) then it will be no problem as long as the father can show he lived in the USA for five years.
The main issue here is was the baby born in wedlock. If not, there is a greater burden of proof.
How can i get my child back from Mexico
My son was born in Mexico in the year 2004. Me and his dad are not together anymore. I came back to California in the yearr I believe was 2006. My son has two birth certificates but the first one which is the original only has my name and not his dads,and I am an us citizen and I was wondering what can I do to get my son here with me in the united states because he is not even living with his dad.
First in this short paragraph I had to clean up 25 grammar mistakes, please use proper punctuation grammar. Thanks. I am sorry you have this issues, but I think for sure you can get your son to the USA if he was born to an US mother. You have to do it the normal way everyone does. Go to the US embassy and apply for a report of a birth born abroad. They have a list of documents listed in the post I wrote, but basically birth certificate and proof you live five years in the USA as an US citizen. Let m know if there is any problem you forsee and I can try to guide you.
What to do when we get home?
Hey there
I don’t know if you are still answering questions here or not but I have one for you (You may have answered this already but my brain hurts from hours of searching the internet). I am a us citizen who is staying in Norway. My baby (She is 18 months old) was born here but I have not reported her birth. Very stupid, I know. Now I have to return to the US with her and intend to stay home. There is no time before the trip to make the report to the consulate. How do I go about reporting/getting proof of citizenship after we are in the US?
My child will be entering on a tourist visa with her Norwegian passport as it was the fastest way for her to be allowed to travel. I will NOT be able to return to Norway. Im a bit worried about what will happen to her after that 90 days. Im sure there must be a way to secure her citizenship by then…right?
I think you can get it no problem as long as you have the Norweign hospital documents. Do not worry they will not deport a child of a US citizen. You need to jump though a lot of hoops with paperwork and all but they are not going to seperate a baby from its mother unless there was some extreme situation.
She can go on a Norweign passport and work with the US State Department, but she needs a passport. You can do a rush job at the US embassy it should take less then a week.
Birth Certificate for army dependent born in Austria
How would a person who was an army dependent right after world war II get a copy of a birth certificate when they were born in Austria? This is in regard to her attempt to obtain a passport.
I am 100% certain the municiple or government of the locality they were born in Austria would have a record of this and be able to issue this. However, I am 99.9% sure this does not mean aything for Austrian citizenship because you have to be born of Austrian blood, not just born in the country, and if you were born after the war you would have had to sign up on a list within a certain time.
Austrain Military with dual citizenship
My son is Canadian born and citizen but has dual citizenship Austria, He has a Passport for both countries. He is now 17 what do I do to avoid him being taken off the plane and shipped off to the mandatory 6 military assignment. Hope this makes sentence. We are both Canadian born but Austrian through my father.
Austria is not like the US military, it is a local force now. The guys I know either totally ignore it, or get a student excuse or medical excuse. But most people I know with dual citizenships just ignore it.
Dual citizenship Peru
My long term bf and I are currently planning and considering all options for adding another child into our family. We both are natural born US citizens however half of my ancestry comes from Peru. We were wondering if we give birth in Peru will our baby have dual citizenship or just US citizenship? (after reporting to the consulate)
Yes no problem as you are the female and the mother and Peru goes by right of blood. But why do you guys not get married, it would make the psychosocial life f your children more straight forward, it is only a piece of paper and would help your US taxes a lot. Now you are paying much more in taxes because you are not married. You can get credits if you are married and your deduction is higher. So what is the problem if I might ask?
Aussie daughter of an American citizen
I am a U.S citizen. My daughter was born in Sydney Australia in 1999. I have her original birth ceritificate and other documentation, and she has a current Aussie passport. Can I still get her U.S citizenship. If so, how would I go about it.
I see no reason why not. You just have to start the process at the US embassy. Go to the embassy website and download the application for reporting a birth of an US citizen abroad. There are some requirements like you would have had to live in the USA for x amount of years depending on various circumstances, but in my opinion you are good to go.
US Citizen Mother, Lebanese Father, Child born in Lebanon
Hello,
My wife is an american citizen by Birth, but she does not meet the 5 years including 2 years above 14 years, cause she moved out of the US by the age of 13.
My wife’s parents can meet the requirement as they are American Citizens and have been living in the US for more then 30 years.
We are having a baby in May, but i would like to know what is the best process in order to ensure that my daughter will get her citizenship without going throigh the regular immigration Form I-130.
I wish I knew. I do know your child will not have a problem getting a visa and living in the USA and eventually getting citizenship. But if you child can not be ‘confirmed’ a US citizen at birth, then I know no other way that naturalization. Perhaps an immigration lawyer knows a way around it, but I do not think there is.
US Citizen surrogate
I have a question for you, I am thinking about having a surrogate mother carry my child, once the baby is born, will he/she become a US citizen if I am a US citizen
This question is asked many times, the short answer is not problem because of the biological connection to US parents. But the long answer is found here. travel.state.gov/law/citizenship/citizenship_5177.html You have to prove the connection with DNA and it is treated on a case by case basis.
US permanent resident parent is gay
Mark, I would like to ask something.
I am gay and my partner is carrying twins. One of the twins is biologically mine and the other is biologically hers.
I am a US permanent resident (UK citizen) and she is a US citizen. We were married in NY before we had IVF.
The problem is we are stuck in the UK and it looks like the babies will have to be born here.
My question is will they deny entry to my biological child even though my partner carried the baby and is a US citizen?
Please help.
In Vitro US citizenship gay parent GreenCard visa
I do not think you have to worry. Once way or another you can all live together in the USA, in the long-run even if the short run is a maze of papers. Be patient and do not worry. Further, as you know travelling while pregnant is not always the best. So whatever is best for the babies physically.
The US has right of soil and right of blood in its citizenship laws. This means if they are born in the USA it is clear. Or if they are genetically related to an US citizen then they can also get citizenship. Often DNA testing is required in unusual cases.
So technically even though she carried your child the child will be born a UK citizen. Her child it is clear. Your child will be born a UK citizen.
New York is state law but the Federal department of immigration does not recognizes gay marriage. So that is off the table for options today.
So the options are your partner say the baby is hers or adopts the child or something. Or apply via normal channels with everything being open and clear, although there may be some delays, I think it will be no problem. I am guessing. The reason is the law right now is not clear and there are legal challenges now.
Babies born abroad are citizen based on the parent and this includes in vitro. It is what the DNA is, this is the right of blood.
I would ask the US embassy directly in such a complex case. It really is, I am pretty good with the law but this is over my head to know of there is a legal way around it.
Here is the thing. My brother is a duel US and UK citizen, and one way or another, both countries are nice to live in and I believe it would be hard for the US government to separate a mother and a child. I was told there are women’s advocacy groups that can help with this.
Giving birth in Peru
Hello
My question is that I am pregnant and my hubby and I are planning a trip to Peru over the summer. I usually am early when it comes to having a baby but hoping that it will not happen until I am back in the US.
My question is that if I do end up having my baby what exactly do I need to bring back my baby to the US without any problems or any delays in our return?
Once in the US what do I need to do to make sure everything is in order with my baby?
Thank You
You will have no problem, but consider reading about fly while pregnanat, just a word of caution.
If you have your baby abroad you need to get your baby a passport at the US embassy. No person can enter the USA without a passport. You need to confirm citizenship or get a citizensship and passort from another country.
Call the department of immigration also because if you go by boat you might beable to come to the USA with a birth certificate but I am not sure on that. I know the rule is no one can enter without a valid passport with no exceptions. But the good news is if you go to the embassy it all can be done in little time if you have the forms and money. I would download the application for a report of an american citizen abroad and fill it out and have the papers before you go. The US embasssy will try to help, but they have to follow the law.
US citizen marry and father a child by a Vietnamese woman
I married a Vietnamese woman she is waiting for a interview date,on my last visit she accidentally became pregnancy will this affect her getting a visa.
It should have no effect. Do not even make it a consideration. If anything it should help.
Register baby for a baby born in Brazil
My wife and I have a question/problem. I am an American living in Brazil. My wife is Brazilian and 5 months pregnant. I was planning on going back to the US in the next couple weeks to start working there and to get established. Looking on the US Embassy site, it says both parents have to be present to register the baby and to get her US passport processed. It’s important I get to the US sooner than later to start working. Is there anything we can do? Are there any other options?
Not a worry, just register the baby when you go back to Brazil. We did not register our baby the day she was born but like a year latter. What is the rush? You take the baby to the US embassy when you are ready. However, I think work should give you an allowance so you can be there when the baby is born, take some personal days or start your job after. But techically all that does not matter. You both have to be there at the embassy that is all.
Possible pregnancy
Thank you for your time. It may be the possibility that my girlfriend in the Dominican Republic could be pregnant. If she is indeed pregnant, will my child be an American citizen because I was born in the U.S. and she lives and is a citizen of the Dominican Republic? Important question so that I know what to do in the event he is pregnant. Thank you once again.
I think that the child is an American citizen or for sure could get citizenship in the future. I personally would marry her and there would be no problem. I would 100% have the baby as this is a life and it is the decent thing to do.
I can tell you as a father it is a great joy to be a father and it is no real extra work. I mean my daughter is my buddy and we have fun hanging out together, playing computer games and exploring the world. I think you are a lucky guy.
Do not worry, your an Amrican citizen after the birth you all just go to the US embassy or department of Immigration and take it one step at a time.
Let me know if you have any more questions.
Run Away Daughter with Baby Born in Mexico
My daughter ran away when she was 15 she is now 17 will be 18 in November she now has a 5 month old daughter born in Mexico, here’s the problem when she ran away to Mexico they didn’t even ask her for any ID all she has is her birth certificate and can’t be issued one since she has no picture ID. Also she ran away from a State that prosecutes runaways, She has recently contacted me asking for help to come home which I want of course but I don’t know if they will still prosecute her for running away and she has stated that she won’t come back if they will. So should she stay until she turns 18 and we then take the needed steps to return her back to the US or is it better to have her come back sooner? I don’t want her charged as an adult that is for sure but I also don’t want to cause her to go to Jail. We are waiting to get in with an attorney but that’s the other thing should I contact an Immigration Lawyer or just a Family Attorney?
Thanks,
Concerned Mom
I am sorry you have such a predicament, and although I am not a lawyer and can not give advice, I can tell you what I might do if I was in that situation. I would contact a series of lawyers in your area. To find a lawyer use online reviews talk to people, talk to the lawyer’s office as they will give free consultations. Lawyers are expensive so if you use one you have to find the right one.
I would contact a woman’s advocacy agency. In the USA there are many non-profit confidential organization that can help with this. I think the state would be hard pressed to separate a mother and a baby even if the law says she could be prosecuted for running away. What medieval state is that? There are a lot of laws on the books that are not enforced and if you were before a judge, I would think given the circumstances, it should be a major concern. So do research and contact charities and women’s agencies and health agencies. I do not know all the circumstances of the case here. Why did she leave, where is your husband etc. But I can tell you that there are a lot of groups that will help women and teenage mothers and they have lawyers and know the law and what to do. It is always the welfare of the children that is the concern, and 18 is still a child as well as her baby.
About citizenship, that is a non issue. If your daughter is an US citizen, her baby is an US citizen. It is just a matter of proving it all and getting paperwork together. Ca you send her IDs in Mexico? Can she get a replacement passport and say she lost the other one from the US embassy? The US embassy is the state, they want to help. She first needs to get US ID. Then she needs to get a birth records for her child born in Mexico. Then you have to help her with money to apply for a baby born abroad and help her bring the baby in the USA. She does not have to come back to her home state. I doubt a state would go to the trouble of state to state extradition. But I would truthfully just bring her home and take care of her and the baby and let the healing begin. The state has bigger issues than to put a teenage mother in jail, it would be scandal and would be on the front page of Drudge report and Huffington Post.
Again this is not advice but what I would do. Talk to a lot of people, then focus on getting documents to your daughter and getting your blessed grandchild an US confirmation of citizenship. There might be an issue that she did not live in the USA as an adult by the way, but this is why you need advice from people who can work with you to help this process. The US embassy can help too as lawyer are very costly. The baby can at least get a visa. Worst case take a deep breath and she can live in Mexico for a while and you can send her money and she can teach English until it is all straightened out. I have some friends who live in Mexico and they love it. You can fly beneath the radar in a nice safe place and live a low-cost life.
I think the only real issue here in money. How she can support herself or you can help her with that. If she ca support herself time will work things out and she and your grandchild will be back in the USA. But I lived as an expat for almost ten years and I can tell you, once you leave the USA, the world is just as nice. The world does not end at the US boarder.
Citizenship of a baby born in a foreign country
UAE birth to a US citizen
How does it work if the mother lives in UAE (Dubai) and is giving birth in UAE and the father lives in the USA and is an US citizen? The baby is going to live with the mother in Dubai and not in the US. They were married at the time of the birth, but are no longer going to live as a couple. Does the father have to register in US if the child is not going to live here. Can the mother just register in UAE?
He can has to prove he is the father somehow, the easiest is DNA testing, he also has to prove he lived as an adult in the USA for five years as a US citizen. If he can do this then he can start the application process with the US embassy or department of State. However, I think he needs to be present with the baby to receive the final confirmation of citizenship.
Why would he not want to be with the mother of the child? I mean they had a baby together and this child deserves two parents right?
Daughter born in abroad
I am US citizen and my wife is still not a US citizen. We have daughter together and she should be the citizen of USA because of me. What should I do to get her here in USA?
All you have to do is get the birth and marriage documents together and fill out the embassy process of Consular Reports of Birth Abroad (CRBA). To bring your wife in it is harder you have to prove you can support her. I know it is unfair but see the US embassy website for more details.
Help confused parents
I need your help please my husband and I just had a baby. We both live in the us, he is an American citizen and I’m a green card holder.
I was visiting my family in Canada and ended up giving birth early. My daughter is 4 months old, my husband went back to the us because of work.
We were told to apply the n600k application we did that. Now they sent us a letter saying its denied and to appeal. We’re we suppose to file n600, do we have to appeal or should we just take our daughter to the us embassy in Toronto and get her born abroad papers.
Our daughter is still in Canada with grandparents we want her home.
You have to tell me exactly what the letter said. Why were you rejected. If you do not know make an informational interview with the embassy. Be calm and polite as the embassy staff sometimes can be hard to deal with. You basically have to understand they are government workers and you have to basically bend over backwards to be nice and calm to them.
It is nothing personal but you need to understand why. Let them guide you as to the best way to get your baby in the USA. I think there is no reason your child should be rejected unless there is something wrong with the application process. You and your husband can just get her confirmed as a US citizen, why not do this? But communicate and honest. Let me know what is going on with this process.
My son is about to Turn 18 on June 28th. My child was born out of Wedlock to an American man named Leo we are still in contact and I am aware he is the father, however he is not on the birth certificate, nevertheless he is still living in the USA is there anyway my son could still get American passport or/and Citizenship?
Why did you wait so long? I would get the father to take a DNA test and prove he is the father and get a rush last minute attempt before he is 18. You need to get a lot of paper work togther, but you can do it if you do it all today. Get the application in on Monday. Work with the USA Embassy. Why on earth did you wait this long, but the father has to be motivated and work with you.
Well I never thought of it as being something useful before but now I see that it most definitely is and I will try to help my child get everything sorted. Do you know of the documents needed as looking on the website was quite confusing to me or should I just call the USA Embassy based in London and explain my predicament?
Call the US embassy at once as you are not married and not the citizen parent and it is the father not the mother, which makes it even harder. You need proof of the American parent living in the USA for about five years, this could be tax returns or school records, you need your, your sons, and I think your ex partners birth certificate and you need to fill out an application CRBA or FS-240.
Not sure if I sent a message all ready my laptop turned off as I clicked submit so not sure if it went through. The only reason I waited so long was because I never thought of it being an issue before or that my son might find it useful but now I realize that was silly of me and I should of sorted it asap.
Either way the Dad would most certainly be motivated I have all ready spoken to him about it, but should I call the USA Embassy in London and speak to them about my situation. Or could you provide me some links and the site confused me slightly
I am unsure as to use this one london.usembassy.gov/cons_new/acs/passports/robirth4.html
or simply wait until my son has hit 18 and go with this one
london.usembassy.gov/cons_new/acs/passports/robirth.html which at the bottom has a section about if 18 or older go here. Which I read through and by sending an email to the London.USA Embassy they replied say that it is okay for my son to be 18 and deal with it that is the age of which Legitimation must happen so problems would only occur from my son being 19 onwards. I have printed the documents and am going to send my son’s father all the documents about American Father and Alien Mother out of wedlock
I think if the father is motivated it will be no problem for you to get citizenship for your child. None at all. All the father has to do is be onboard and you have to be patient to fill out the paperwork. Techically he might not even need a DNA test to prove paternity but this is something the US embassy likes. They like paper in my experience.
It is very useful to have a dual citizenship, including US. The possibilities are endless in terms of employment, educations and freedom of movement as well as a cultural experience. Keep huniting on the US embassy website and there will be everything you need.
US Visa revoked
Hi, I posted here almost a year ago about my baby’s father and I am sure you remember my post very well. You were right, he realized everything and came back to me.
He came to Georgia and reported our daughter’s birth outside of US. We went to US embassy in Georgia. We were asked to do DNA test. We done DNA test and results already back. After they received results they start processing our daughter’s passport and it will be ready in couple weeks.
But now I have an issue. I had US 10 year visa. I never violate my US visa. But when we went to embassy to submit baby’s paper work consul revoked my US visa under National Act section 214 (b).
I don’t understand why he did that when I never violate my visa. I did not even go to US to give a birth there. If I wanted to do something wrong I would do it before my daughter’s birth. I am working at the Ministry of Internal Affairs.
I have parents and two other kids from previous marriage.I have two houses and banking account. What else would I have to be able to travel with my daughter to show her to her grandparents? It is so upsetting.
My baby’s grandparents want to see her and they are not able to travel outside of US because one of them gets hospital treatment every week. How can I convince consul to let me have tourist visa or where else I can report this fact?
We were not going to marry so fast. Now because of this my baby’s father is collecting papers to make for me a fiance visa.
I really wanted to show baby to her grandparents for couple weeks and then I could wait for fiance visa which takes up to 6 months. sorry for long post but maybe you know ways to make it faster or place who I can ask to review my case. Thank you so much for helping people
If you work for a foriegn government apply for a waiver and be patient
I am sorry you had to go through getting your visa revoked. My first response is why? I think you know. You’re a person of morals and good standing but you work for a foreign government.
They in almost all cases, or I think all cases give you a reason: Section 214(b),
Section 221(g) or Section 212(a) of the Immigration and Nationality Act. Often is missing paperwork, this is very common. He is not going to revoke the visa because he does not like you. It is based on a very specific reason. Missing paperwork is very common. Other than that criminal activity or foreign government activity that you participate in.
I think, it is because you work for the Ministry of internal Affairs. If you say it is 214 b than you know the reason. You can apply for a waiver under section 247(b). I think you know this. If you work for a foreign government they have to make you jump through a few more hoops because it is a matter of national security. It is not the person who interviewed you, he was doing his job. They have laws set up in every country of the world like this. It is very standard.
In my experience, people working in these offices are nice but go by the letter of the law. You have to find out exactly what people in your situation have done in the past to get a visa reinstate and go from there. You can always hire an immigration lawyer but it is expensive and in your case the reason is pretty clear I think. So you have to apply for a waiver.
Can you get a tourist visa? Tourist visa are good visas.
If nothing else works, try to be patient. Try to understand in life not everything goes smoothly in the short run but the long run is what matters. Do not get too upset or angry at anyone and just try to work though the issues at hand and know everything happens for a reason. My daughter did not meet her American grandparents until about a year and a half after she was born, because of the money and cost to fly to the USA.
I know it is not the same but there is Skype. We always keep in touch with family this way. But be patient it will all work out. I think you know the reason why and what can be done in a positive legal way to override this, that is applied for a waiver.
Citizenship of a baby born in a foreign country
Revoked Visa
Sorry I forgot to mention that it was a tourist visa that was revoked. The thing is that I think the guy who revoked my 10 year tourist visa did personal thing. My fiance was there in embassy with me and he tried to speak with consul and he was so rude and told to my fiance that he is not going to speak with him at all. My fiance is a US citizen and a tax payer and he just could not refuse to answer a single question. Let’s start that consul doubt that baby was my fiance’s child. He wrote dates on peace of paper and tried to say that I was a lier. My child was born 3 weeks early premature because of the stress I had during the pregnancy and DNA test proved that my fiance is a biological father of my baby. But that person at the embassy was very ride to us. He told me that I will never attend US tourist visa. But 214 (b) states clearly that it is not permanent denial. So it comes that he tells me this. Besides before I was granted for 10 year US tourist visa I had it clear that I was working at the Ministry of Internal Affairs and had a letter of employment. I never lied on my papers. It is just upsetting that they let people go who really violate thiere visas and they revoked my visa just because I tried to follow rules. If I wanted to violate it I would go to US and stay there and give a birth there. It is so hard to explain and prove your are right even though I am a lawyer myself. I did not know about a waiver program, I will do my research right now. Thank you for help
I think people in the embassy can be very rude. I have experienced this personally. I am sorry you had to go through all that. I have seen such rudeness in the embassy that it makes me ashamed to be an American.
I was attacked oversease and they did not really help me until I wrote the main embassy guy, then they helped. But the peson I delt with intially was very rude. I think many of the embassy workers are just on power trips but could not really function in the real world. They studied poltical science or something and want to extend their college years with the lifestyle.
I was attacked as a US citizen and the US embassy was not helpful. Only when I made a huge issue out of it.
Is it illegal to not register a multi-national child as a U.S. citizen?
My wife is a New Zealand and Taiwan citizen. I am a U.S. citizen. Although it seems any child I have at birth would technically be a U.S. citizen, but do I have to ” register” the child as such? Would I have to get them passport? My point is, seeing as they would already have 2 passports, I actually have no interest in passing my citizenship on. I been gone for nearly 20 years and would have no desire to move back or force any future child’s allegiance to country they would never know. Would they have a choice later to apply for themselves if they wanted? Is what I am thinking illegal under U.S. law?
In the USA you can have several citizenships as long as you pay your taxes and your alligence is to the USA. Not an issue. I am a dual citizen, I know people who have three passports. I think there is great value to be a US citizen. But it is up to you if you want to file all the papers with the US embassy.
Thanks for the response. Much appreciated.
Citizenship for my baby if born in India
I am Indian by birth , but have acquired U S Citizenship over the years, I have moved back to India a year ago and do not leave in United States presently. If I give birth to a baby in India , will my baby become an American citizen?
As long as you lived in the USA for like 5 years as a citizen I think it is no problem. Your baby one way or another will be a US citizen regardless. I think the child will be confirmed if you get the paperwork together at the US embassy. I did this for my daughter.
Citizenship for my baby if born in Philippines
I’m an US citizen by birth and single, I’m the only parent stated on my daughter’s Birth Certificate can my daughter (6 years old) acquire US passport?
Yes but as I have written you have to prove you are the father with DNA most likely.
The right to choose citizenship
My husband moved to Canada when we were married. I am a Canadian citizen by birth. Our children were all born in Canada. Recently, I have discovered that by birth they are considered US citizens and whether they are registered or not, they are required by US law to file taxes with the US when they begin to earn a paycheck and that our son is required to report himself the the US draft when he is 18, in case it is ever reinstated. My husband wishes to gain Canadian citizenship and we have no plans to return to the US. Why should the US not acknowledge me children’s Canadian citizenship simply because their father is American? I read here that the US does acknowledge dual, but in truth they do not. As far as the US is concerned once American always American. Canada on the other hand does recognize both. Shouldn’t our children be given the right to choose when they come of age? Why should their allegiance to a country they’ve never lived in be forced upon them? Why can’t the US acknowledge allegiance to Canada? We as a family have chosen to be Canadian. If we never register our children, how can they be required to pay taxes/and be eligible for the draft if reinstated? It doesn’t make sense.
You always have the right to renounce US citizenship and there will be no draft in the USA. Unless it was WWIII. No way. Too many protests and the world is different now. Our military is 100% professional, that is you join for money or nationalism.
Taxes for US citizens are a reality and but are excluded to a high level like 90,000 dollars on foreign income and after that is marginal. So unless he is part of the 1% I would not worry too much.
The US does not recognize dual citizenship but it does allow it. It just means you are subject to US laws.
I love the USA but I love Canada too. Both nice places. I would say defer renouncing it as someday your kids might want to live in Hawaii or New Mexico or something. They, if they are citizens, which I doubt unless claimed, you would have to check with the embassy, would just have to file a tax return, I do it online untill their making basically six figures.
Baby born outside US
Well I have a problem. I am an European born in Holland. I have a baby born in Holland also 2 years of age. Her father is an american resident of a green card and applying for his citizenship which is almost done. He is and was married (not with me) at the time of me giving birth. He wants to divorce after having his US passport and marry me. When and how is the best way for us to register our daughter so she can get an US citizenship? I do have a nationalty through my mother from her originally country. So does my daughter has it also since couple weeks ago. But I have a problem which is im am in the US with my daughter. What would you advice me?
Eventually as long as your marriage is real, you all can become US citizens. However, your child would not be confirmed but would have to go though a lot of paperwork and visas. But with patience and hard work it will not be an issue. You need to talk to the US embassy as it is really something that is handled after you are married for several years, but the baby in my understanding can not become an US citizen easily because there are a lot of laws preventing this ‘instant citizenship’ though marriage. I cna tell you nothing will happen for like five years after you are married than yes, but until that time, US legal visas are the way to go.
Where to Have my Child?
I am a Canadian citizen as is my 16 year old son. My boyfriend is American. We wish to have a child, as well as us move to the States to join him. After reading lots of posts, I feel I should have the child in Canada, then move after. I realize there is going to be alot of paperwork involved concerning our move, but for the baby I think it would be the best, as, I have full medical coverage here. Am I right in my assumptions?
Since you are not married and I would make sure of two things, your boyfriend can prove that it is his child via DNA when you have it and that he fullfills all the requirements of being able to prove he has lived as a US citizen in the USA as stated on the embassy website with records like school or tax records.
If that is the case, I personally would have the child in Canada as it is covered under medical insurance. We live in the USA and to have a baby here it is very expensive. Poland which has social medical care which we pay for via the tax system it is free.
I think I would have the baby in Canada and live in the USA. It would not hurt if you were married as this would make visa issues easier. I think your 16 year old son would have to be adopted by your boyfriend to get a visa. But Canada and the USA have very good relations and visas are easier for Canadians. But still there has to be some basis for it all. Having an American boyfriend is not going to fly.
US citizen baby living abroad
Hello Mark, I posted here before and I need your advice in my case since new situation arise. Little BG: My fiance left me when I was pregnant and then came around when baby was born and wanted to work our relationship. I am from Europe and he is US citizen. He did all the paper work for his daughter to get US citizenship for her. Now he is telling me that is is working on K1 visa for me and that he wants us to be together. I have weekly phone calls from his lover or girlfriend I don’t know how to call her that they live together. When I confront him he says that it is a lie. That he loves me and wants us there. This woman tells me that only reason why is is speaking with me it is a baby. That he is not going to take us to US. I am lost. I don’t know who to believe in this case. In my country it is impossible to do anything about bay without fathers permission. I asked him to mail me permission latter for me so I can get for our daughter dual citizenship and I could take her outside of the country since he is not going to be around us. He is not going to do any of it. He said he will take my daughter away from me since she is US citizen. I am lawyer myself and I know there is not such thing to take my daughter away from me. My question is what court can I go to get full custody for my daughter since I am primary care giver for her and will be always. He is not sending no money as support. I am tired to deal with this situations and his lies. My daughter will not be able even to be on my insurance since she is US citizen. My 10 year tourist visa for US been revoked when my daughter got her citizenship. I was told that I am no longer qualify for tourist visa and if I want to go to US I have to do immigration visa. He knows I can’t go there and make him do anything. I just want to know where can I go to get for my daughter her right to have dual citizenship and permission latter to travel with my daughter. In my country they won’t let me do any of this unless baby’s father is agree. He won’t do it on purpose to make my life misery since I don’t want to believe his lies anymore. Please any advice or suggestion will be greatly appreciated. He had a great mom and I am having a great relationship with her. But he won’t speak with his mother and does nothing have to do with her. Also she wants to see her granddaughter and she can’t travel to my country. Thank you,
Citizenship of a baby born in a foreign country
US citizen living in Australia
Hi Mark. I am a US citizen (born & raised) and have been living in Melbourne Australia for the past 6 years with my girlfriend, who is a New Zealand citizen. We are not yet married but have been together for 6 years; 4 of which I have been a ’461 New Zealand Citizen Family Relationship’visa, essentially a spousal visa. We are having our first child in February 2013 in Melbourne Australia; I would like the child to have have dual citizenship (USA & New Zealand). Although we are not married, my name will be on the child’s birth certificate. What steps do I need to complete in order to apply for legal US citizenship? Is there any paperwork which I can complete prior to birth or is this something that I have to do after the child’s birth? Thank you
Basically you have to go to the US embassy and prove you are a US citizen and have lived as an adult in the USA for x number of years depending when you were born. The USA State Department website will explain that requirement.
Then you have to prove that you are the father. It should be no problem, if your name is on the birth certificate but since you are not married they often want to see DNA testing because there have been so many scams of guys getting their name on the certificate of birth of a foreign baby.
Can I stay in th USA
I am staying here in California as visit and meet my partner and I am two months pregnant now. But my partner want me to stay here in US but I’m not legally annulled yet in Philippines. What we going to do to stay here in California. Is that possible for me and the baby to stay?
I think if possible you want to have the baby in the USA as it will make it a lot easier in terms of paperwork. How you do that is based on your annulment in the Philippines and if you can get a fiance visa. That is the only way I see it. Marriage in the USA. But I would talk to the US department of immigration about the legal options. I can not recommend the non legal options. I would always be thinking in terms of what is best for the baby as this is an innocent child.
Thank you so much!please help me. by your replied we know we get knowledge to know what we going to do..
God bless
Renunciation & Child Status
I have dual US / Canadian citizenship but have not lived or worked in the US since 2003. I’m thinking of renouncing my US citizenship but I have a child born in 2010 and would like to know what their status is before I do so. Is my child automatically a US citizen?
Why would you renounce your US citizenship? I would talk to the embassy about this, but you have to get citizenship for your child if the child was not born in the USA. You have to apply with the embassy. Then you can renounce.
I ran across this site and I am hoping you could answer my question. I am married but we are not able to have children due to medical condition. I would like to ask my cousin to be a surrogate but she lives in England but is a Polish citizen. Before I even ask her to consider this I would like to know how we could do this and if there are any laws or obstacles that would prevent this. Thank you in advance.
I think it is fine, they have this in Poland.
But she lives in England so the baby would probably be born there. I read that there is a child Act that in the UK that may make things more difficult for me. Would it be easier to adopt the baby from her? As an eager new parent, I would like to bring the baby home ASAP but I am unsure if there is a time frame requirement for the court systems or any other obsticles. You seem to be extremely knowledgeable so please let me know what you think I should do or where I can look for more information. Thank you again very much!
These are complex ideas which people in the government office vaguely have an idea about. I think either way the you can bring the child home, it would be all a matter of time. I do not have specific advice other than contact the embassy and the department of immigration for a consultation. You do not need a lawyer just get expert advice from them. I think there are many ways to approach this. I mean the father is American and so are you so you need to start the process now at the department of immigration because the baby is biologically yours. DNA testing can prove this. But even for me, I am American and for me to get my wife and daughter to the USA it was a lot of work. I had to prove all these things and have good US based income. I would not freak out or anything, just talk to the department of immigration. If you have to live in the UK for a while with your baby do it. If you have to adopt your own baby do it. Whatever will work. Sorry I can not help you more other than starting the process with the US embassy in the UK or the department of immigration.
Is the baby included in the application?
Hi, I am US citizen naturalized , living in USA , I have a daughter( 18 years old) in Argentina she have a baby of one and half year old, I submited petition for her ( I-130, I-864, immigrant visa application, birth certificate, copy of passports, police records for my daughter) .The NVC approved the petition and gave me an appointment for interview for my daughter , they send her to do some medicals exams, but they only name my daughter, what about her baby?
I would not assume that at all. I think the baby is a seperate idea, but if your daughter gets a visa I think he daughter would also. Jut call the department of immigration.
Is the baby included in the application?
Hi Mark,
Before all, Thank you so much for your prompt response.
I called Immigration Department and they said that the petition category for my daughter is IR2 just include my daughter ( no the baby), so at the moment of her interview at the embassy is going to be up to the consul to allow the baby travel with her. I can’t believe there is nothing I can do in order to bring my grandson to this country ( is just a baby), so frustrated.
The department of immigration is just going by the laws enacted by congress. It is not them personally. However, it does seem very unfair. I think there is a way. I just do not know it. You need to become a personal expert on the law in your specific case. This is what I have done with my cases. It require a lot of research. often if there is not the direct way there is an indirect legal way.
Thanks Mark for your input in my case.
The Consul approved my daughter come to this country until may 2013( thru immigrant visa) once she is here she’ll get the permanent residence, then she need to submit the petition for her baby, the question is How long do you think is going to take since the moment she put petition for baby come to this country?
Thanks
I do not have percises infomation but I think it will be like 3 months based on my experience with government agencies. Maybe I am wrong, you can keep calling them, but it should not be that long of a wait.
Question about US citizenship for a child born abroad via Assisted Reproductive Technology (ART)
My wife and I – and our son – are in an unusual situation. My wife and I are both native-born American citizens who are currently living and working in Australia. In 2011, my wife gave birth to our son in Australia. He was a donated embryo; that is, there is no genetic relation between our son and either of us. The embryo was transferred to my wife, carried by her for nine months to term, and then delivered from her via c-section to produce our son.
Because he is not biologically related to me or my wife, and was not born in the USA, I understand that he is not automatically eligible for US citizenship. It is likely that one or both of his biological parents are American citizens (the embryo came from, and was transferred by, a facility in the US); however, anonymity issues and contact/communication problems make that impossible to determine/prove.
My wife filed form I-130, Petition for Alien Relative, with the Department of Homeland Security. The application was approved and we were referred to the National Visa Center. I understand that we can continue with that process to obtain a visa for our son and he can become a permanent resident (green card) of the USA.
My question is: What do we need to do to have US citizenship granted to him?
I have done a significant amount of research on the internet. The difficulty I keep coming up against is that there are two processes for child status – biological relation and adopted – and he does not qualify for either. If he were biologically related to us, the process would be straightforward and easy; but he’s not. If we had adopted him, we could apply for citizenship for him via those channels. But, as he was carried and delivered by my wife and born as our legal child, we have not adopted him and cannot do so (because he is already our child).
I would like to think that the process of our son obtaining US citizenship would be at least as easy as it would be for a child that we had adopted – because he is clearly more “our child” than an adopted child would be – but I have not been able to find that path in the system.
Any information you can provide on the process required for our son to become a US citizen would be greatly appreciated!
Citizenship of a baby born in a foreign country
I have done research on this also and you know how crazy the situation is. The bottom line is I am sure eventually there will be no problem, only initially. I guess my question is why does the State Department have to know if the child is not fully biologically related? I would just offer them the birth certificate.
The reason I say not fully is as you know, if a woman carries a child even if it is not her egg, the child receives genetic material during development.
So there is a biological connection regardless, just a side point that you might want to know, but not relevant here. You can tell your wife that and I think that if she does not already know.
If the state department already knows about this, then you have to get high enough in the decision making process to make the wheels of justice turn in your favor. In the law and code there is nothing to prevent you from transferring citizenship to your mutual child as you are both US citizens. In the US case law system it is the spirit of the law not the letter of the law that counts. We are not a Roman law country. So you need to elevate and contest it if you want. I would write the higher ups. I have in the past about a serious issue and I got traction. If not even a legal challenge is possible. I have done court cases myself even though I am not a lawyer (small stuff).
Basically it is your level of commitment and time. I think if you can get a visa and green card and then naturalize your child that is good too. But I think it would be a legitimate legal challenge to the law if you wanted your child to be confirmed a citizen. You could write a book and make money and help your expenses, I would. But it does not have to go that far. I would write higher ups in the State Department or the department of immigration.
Other than that I have no additional ideas, let me know this helps.
Dominican Mother/American Father
While visiting the Domincan a older wealthy American man impregnated a friend of mine. He traveled to see her every few months for a few years. Told her he wanted to help her become a citizen and move her to the US. He was initially very good about the whole situation until it was found he is a married man and has no intentions of taking care of or seeing his child once it is born. Is there anything she can do to force him to take care of the child.
I wish I could help but I do not have the answer on this question. I think there is something in the US court system that would allow for this, I just do not know it. Also there might be something in the law of your country too.
I’m a u.s citizen by birth I’ve been separated from my spouse for one year I have two children in Mexico my eldest is 6 yearsold & my youngest is 3 months old we are to get married as soon as my ex-spouse signs the divorce, my quesition is can obtain U.S citizenship for my two boys, I obtain the application for child born abroad from u.s citizen father and for u.s passports I believe I have all the documents they request birth certificates of my boys, my S.S stament,income tax returns from past 6 years, my U.S. passport, proof of or relaionship with letters of 7 years im also going to request a fee waiver due to that I have no income I have a medical condition and I applied for S.S disability 14 months ago I also have a pension coming from being a carpenter for 28 years so I ask you Mark im I on the right track planning on going to Mexico soon.
I did not approve the comment as too many puncuation marks I had to clean up. But thank you for the questions, and I think you are on the right track. All the US care about is if you are a US citizen and you can prove your children are bilogoically your children and you fullfill the other requirements such as living in the US a certain time.
Are the children from your ex-spouse or your spouse to be?
In regards to your question my children are from soon to be spouse. Question mark do you think there might be a problem if not yet divorced or whats your advice before I make the appointment also my mother is going to accompany me, my boys and my soon to be spouse My mom is a US citizen she wants to be there in case the US consulate at San Miguel De Allende officer requests a witness when the oath is sworn by me.
Until you are divorced then you can not get a visa for another person.
Born in Denmark
My girlfriend and I are both born US citizens, and residents. Her mother is Danish citizen, but resides 1/2 year in US and the other 1/2 in Denmark. We are having our first child but visiting mother and father in Denmark during last Tri-mester and birth time. Will we be able to give the child a Danish citizenship or will it have to become a US citizen upon our return to the country?
The child will be a US citizen no matter what or where the child is born. With Denmark it does not matter where the child is born. It matters the citizenship of the mother. I would talk to the embassy about this to clarify the law and get your wife confirmed as a Danish citizen. I would be cautious about traveling with a baby yet to be born for health reasons. The citizenship stuff can be sorted out latter.
Kids born of US parents in UK
Hi, our kids were born in England while stationed there with US Military. They have both US and UK birth certificates. The total time living in UK was 3 years. They are now 17 and 18 years of age. The 18-year-old has expressed an interest in moving to the UK. Would he be considered a UK citizen at his age? Is there a time limit for him to be considered a UK citizen? Thanks.
Born before 1983 should not be a problem, born after 1983 then one parent would have had to have settlement in the UK. Either way if you are born in the UK you should be able to get a visa. My nephew is a duel citizen UK and USA. He just moved back to the UK, after school in the USA. It is a great thing to have the flexibility of both.
Born In UAE
Hi, I am Australian and my husband is Lebanese. What nationality will our child get if born in Dubai and will it have any issues in the future from being born in the middle east if we move back to Australia. I am receiving mixed information.
You have to just apply to confirm your child as Australian and there should be no problem if you are Australian and have lived there for at least two years.
Citizenship of a baby born in a foreign country from Bolivia
I am pregnant 3 months and currently live in Bolivia. I was an Au pair on a J1 Visa living in Massachusetts, I got pregnant by a US citizen and decided to keep the baby; I had to come back home before finishing the program because being pregnant goes against the rules of the contract. The father said he was gonna be there to take responsibility but cannot really trust him.
I’m planning to deliver here and finish the university while here. I want to go back to the USA so the baby can also be registered by the father. Should i get a Bolivian passport and then the American one? so I can travel with my baby in search of the father or should I just make him come to my country so he can register the baby?
Being a mother is more important than citizenship or having the father pay. You did the right thing to keep the baby. I know you want to have your baby get US citizenship as your baby should have, but it will take time. The father needs to be part of this or it is very complex. If you can get him on board with the process it will be no problem. If he is not on board I would start looking at ways to make him pay child support. His parents should be aware that they have a grandchild. I think basically it is all about you and your baby and try not to get too negative if it does not work out with the father. But on the other hand you do have legal rights. I would talk to the US embassy about your options for all.
Giving birth in the UK
I am a UK Citizen married to my husband whose an American citizen and we reside State side, and I’ve applied for the Green card. and now that I’ve found out that I’m pregnant. i want to give birth in the UK, and I was wondering if my child would be an American Cause his father’s a citizen.
As long as the father fulfill the required document and residency requirements of living in the US as an adult than it should be no problem.
American mother-Paraguayan father
After one year of residence in Paraguay the baby was born.
Father: Paraguayan
Mother: American (resided in the US her whole live, but the last year prior to the birth)
I understand that the 5 years prior to the birth the mother must reside in the US.
Does prior mean 5 year anytime in the mother’s live (total of 5 years of residence in her live) or, 5 years before the birth?
ED
Anytime, so you could have lived there from birth to age 23 lets say, then live in Paraguay for the next twenty years, it does not matter your child is still American.
I am Pakistani and my wife is US Citizen. We submitted I-130 in November 2012. She had been living with me since October 2012. Few days ago, we found that she was pregnant due to the security reasons and hot season here. I am worried about mom and baby health.
Where we need to get the information inform? We were trying to search on US Website but didn’t find anything. When I can expect my interview call from the embassy? Do you think? We should do something which in important right now. waiting your suggestions.
I am not an expert on life but I think air travel for a pregnant woman is not great in the second trimester. I think you will not get your green card by then. I think you should plan on having the child in Pakistan, it will be cheaper. The USA a birth is about 10,000 dollars. I am more concerned about the babies health then the visa. After the baby is born you can apply for citizenship. If you want more information you have to contact the department of homeland security and immigration, but they will not really tell you anything. I think you will hear sometime in the summer about your interview. But think of the baby and research air travel for pregnant women.
Is my adult son still an American citizen?
My son was born in Denmark, and has resided there all his life with his Mother. I am American by birth. Is my son still a US citizen, and if so, how do I go about getting his passport? He is now 22 years old.
I am sorry but there is not automatic at birth confirmation of citizenship after the age of 18 but it should not be a problem for him to get naturalized. This takes time but worth it.
Is my adult son still an American citizen?
I also wanted to add that the child in question was born in wedlock.
Is my adult son still an American citizen?
I also forgot to add that the child in question was born in wedlock.
Daughter has baby in midst of NVC
For the past 5 years my wife who has a green card has lived with me in US. Her daughter, I am her step dad, who is now 17 in the midst of me getting her Visa has “had” a baby, baby is now 2yrs old. My step daughters NVC certificate has arrived and being processed, and I am concerned that my grand daughter will not be able to come with her. Is there a process for that information. I am worried that if I mention the grand baby that they will deny my daughters application. How do I make sure my grand baby all the proper paper to come in with the mom( My step daughter).
One way is to pay a lawyer as they know the ins and outs best, an immigration lawyer if you can afford it. It will cost up to 5,000 dollars but if you want to be more confident that is one way. I do not have that money so I did the research for my visa issues myself. The laws are all online. But no one can guarantee anything when it comes to immigration.
What is the definition of "natural born"?
My father is from Virgina, and my mother was a Cuban citizen living in Canada (RIP mom), and I was born in Scarborough, ON. I immigrated to New York in the late 80s after my mother passed and am now a naturalized citizen, but I was wondering: Because my father is an American citizen, does that mean I can consider myself a “natural born” US citizen, even though my mother was a foreign national and I was born in Canada?
You are natural if you acquired citizenship through confirmation rather than naturalization I think. That is if you at age lets say 5 were confirmed by the USA to be a citizen based on your father, you would be a foreign born natural citizen. Yet if say at age 30 you applied to become a citizen through a processed you are naturalized. But in theory you are natural but did not play it out that way, this is what I think.
Child custody and US Visa
Hello Marc, I need your advice in my situation knowing that you have international marriage so you might know how to handle this situation. I am from Eastern Europe and my husband is US citizen. We have a daughter that is dual citizen since she was born outside of US and got her citizenship trough her father. Now, our relationship has a lot of ups and downs mostly because I am in Europe and not allowed to go to states until my I-130 is approved. It is very difficult to handle situation when husband is not cooperating. He is cheating on me while I am not there. It hurts a lot because I am raising our daughter here while he is having fun in US. I told me I will divorce him and then he threatened me that he will get 50% of custody, and when he will take my daughter to US she will never like to come back to Europe. I wonder is there really for him a chance to get 50% custody when he is so far away? When she will go to school how she will go 6 month here and 6 months there? Besides he never send us money and does not support us here. Since day one our daughter was born I am the main provider, I have house and I am working. Besides what court should I go for divorce if I am not allowed to go to US and he will not come to Europe. He asked me 20 000$ to help him before our problems started and I gave him this amount of money. Now he tells me that if I want to see this money again I need to sign off my rights or sign 50% custody for him. He wants to trade our daughter on my own money. Of course I refused. I don’t need money! I need my daughter that I am raising. In 15 months he saw her just 2 times. I asked him to come to visit us for coming Christmas but he refused saying that he cant. It means that by Christmas it will be over year that he will not see his daughter. I don’t know what to do. I feel trapped. Our daughter does not even remembers her father because he prefers to spend week-ends with his lover rather spend time with us on Skype. I am sorry this is so long and all over the place. Please give me some advice where to start and how can I protect my daughter from life where she can see her father with different women every day and drinking parties. I spend all my free time with my daughter.
Thank you in advance,
Citizenship of a baby born in a foreign country
Focus only on your child's well being
I am very sorry for your hurtful situation. It is very disappointing but you can have a happy life. I can tell you are a good hearted person. As disappointing as it is I would focus on the child’s happiness. You are paying the price and there is not reason to have your energy drained by an energy vampire. You are pretty girl I am sure and have a wonderful daughter that needs you. Especially if you have any family in Eastern Europe this is important. If you come to the USA you will be alone. Money is not a factor here, only the love and stability the child will have.
I am sure he has wonderful qualities and good points. You would not have fallen in love with him but it is an old story. Many men want to play. I would not say he is worthy of your love.
I am a father. Being a father has little to do with the act of conceiving the child. It has to do with being with the child and mother of the child with a humble heart serving God by loving those who need you.
You should not give up on you faith and belief in God and ideals and goodness.
Will your guy find God and redeem himself? I do not know him but I doubt it, unless he is a true Christian. Unless he repents I would stay where you are and focus on raising your beautiful daughter. You might even find a wonderful man. People do not care that much these days if you have a child or not.
You should not compromise on your child – she needs one normal parent. You have to be strong for your child and yourself. Your child needs love and stability. The USA is a great experience but it just and experience and not on par with having an emotionally balanced child. That is what I think. What do you think about what I have written?
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