Citizenship of a baby born in a foreign country – Make your child a Citizen

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 an 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.

Get your baby a Citizenship they deserve.

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 U.S. citizen when born, even to one parent, it’s 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.

Baby born abroad and Citizenship

There are many reasons why a child might be born in a foreign country. Usually it is a result of a marriage or relationship from an expat working abroad or military. Occasionally you have cases where there are dual citizens living in one country and want to claim nationality of the other another.

  • In the USA the fourteenth amendment outlines the basic citizenship law.

The world is neither black nor white today, and every type of relationship conceivable exists so governments have had to interpret the generalities of the laws to a finer granularity. Further there is a lot of human judgement and case by case situations when it comes to laws connected to determining if a child or adult can achieve citizenship though confirmation or naturalization or repatriation. Even in countries which are not based on case-law, but constitutional law, the department of immigration makes judgements based on past history. The US immigration laws come from the tradition of English common law.

  • Citizenship through confirmation – When one has always been a citizen the government just has to send you a letter to acknowledge this. This results when you provide documentation such as birth certificate. I would also call this birthright citizenship and it can come from place of birth or lineage (jus soli (right of soil)  or jus sanguinis (right of blood)).
  • Citizenship through naturalization – If you like in a country legally for a time specified in the codex as a good, contributing person to the society the government will grant you citizenship through naturalization.
  • Citizenship through repatratitization – This is a combination of the two ideas.  Borders have shifted in Europe and often countries were deleted from the map.
  • Babies born out-of-wedlock – Most confusion about the citizenship of a baby comes from babies born out-of-wedlock.
  • Mother is the Citizen –  If the baby is born to the mother who is a citizen in almost all cases the baby takes the citizenship of the mother regardless of where they are born. For example Title 8 U.S.C. § 1409 states the only requirement is the mother would have had to live in the USA for one year in her life.
  • Father is a Citizen – The father has to prove paternity and have lived in the USA for five years.  If the child grows up and reaches its 18th birthday then the father and child lose this right. This comes from many illegitimate children immigrating over with their father unaware after the age of 18. I personally find bias in the law.

Are immigration laws fair or just? – No. Humans are imperfect. Just look at history and the Dred Scott v. Sanford case.

Is the Department of immigration and Homeland security difficult? I have had mixed results. I would say most people are exceptionally nice and helpful. They are well-trained and screened. However, some of the lower level people often use poor judgement and you need to ask for a supervisor if you feel something is wrong.

Do not let a bad experience or person spoil your dream for immigration – For example, I was at the department in Jacksonville and when my three-year old daughter was walking around the bench we were sitting while waiting our turn, the security guard came over and was yelling at us (everyone was looking at him) that the situation needed to be contained and ready to remove her. The guy should be fired. I was going to issue a complaint but what is the point. I think he  was a contractor, but still he guy was buzzing, I think he could have been on something judging from his erratic behavior. I have had a lot of experience with people on substances and my layman’s evaluation is that guy should be fired. But do not let one person or situation get you off track.  These are all humans and you have to learn patience and courtesy and stay calm and smile a lot.

United States or European Union or other countries, the idea of the laws and they way they operate are similar.

My point is stay positive, do not go to the dark side. As God to remove any negative feelings you have and your visa and immigration journey will go better. We all have been wronged in life, but generally if you do the right thing and are patient good things will happen.

However, the people in the embassy are pretty nice and if you ever have questions you can set up an informational interview and the people will help answer your questions.

Do you need a lawyer to help with citizenship? – There are a lot of attorneys that will take your money. just open your wallet. In most cases all you need is to make an informational interview with Department of Homeland Security. Laws a clear and you can look up laws online and case history. If you are in a complex case, lookup.

For example, go here to look at the US law regarding immigration.

Anyone can search the Laws of any country, you do not have to be a legal professional. Most countries are democracies and the laws are clear.

  • My recommendation is if you use a lawyer abroad use one approved by the US embassy, they have a list is the lobby.
  • I also recommend using a specialist. This is someone who is not a lawyer but knows what they are doing, it is a lot cheaper. There are many expats and people who have even worked for the government that can help you and they charge less.

Travelling to the USA when you are pregnant  – Unlike European citizenship, being born in the US does pretty much guarantee citizenship for a child. However, I have heard that there is risk to the baby for air travel. You can read the statistics but it increases the chance of miscarriage. So be aware of the risk. I do not think anything is worth nonexistence.

What if you do not have the money?  The USA is all about money. I am sorry but it is true. Other countries to a lesser extent but the USA is about money. To get a visa or apply for anything it costs. You need to pay and pay more just for the application.

If you want to get a green card to the USA expect to be making about 30,000 dollar USD as shown on your income tax returns and US-based. Otherwise get a sponsor or apply for a lesser visa. Here is another resource you might want to explore.

What is an anchor baby? It is use as a pejorative term to describe infants born domestically in America and the relatives use the child’s legal status to gain access to rights and benefits.

Is it worth getting a citizenship to the USA? No always. Unless you have family ties or really have a love of the country, I think the USA is not what it was even twenty years ago. It is still a rich country and jobs are easy to get (paying $10 dollars an hour) but it is not what it once was because the global market has changed everything. You can make just as much money in Eastern Europe or India if you have skills that are in need. If you do not your, your absolute wages as an unskilled worker will be higher but not your relative wage. Sure it is a great country but there is crime and other negative social externalize you will have to pay for in non-monetary ways.

I think the great advantage is the weather is better and English is a cool language to learn. The cultural experience is positive as people generally are friendly and there is a lot of exciting things to do like go to Disney and we have good TV. But I am telling you the world is changing and if getting your child a US citizen at all costs is your idea of being a good parent, it is a misconstrued notion. Better is to spend time with them on a daily basis and show them a lot of love, when they are under 18 years old.  Trust me, a US citizenship means nothing compared to spending an hour or so one-on-one with a child everyday and taking a real interest in them.

Let me know if you have any questions about being a US citizen though foreign birth with or without American parents or though grandparents or adoption or non-conventional methods of conception.

Author: Mark Biernat

I live in with family between two worlds, US and Europe where I create tools for language learning. If you found my site you probability share my passion to be a life long learner. Please explore my site and comment.

601 thoughts on “Citizenship of a baby born in a foreign country – Make your child a Citizen”

  1. hi for alex
    even though that you over stay ourin US and gave birth in US soil your baby will be automatically a US citizen ( a person born in any land it will be his citizenship) but in my case me and my baby daddy we are not married and he is an American Citizen all we do is file for the citizenship and now my son is dual citizen a american and filipino BTW my son was born in philippines

  2. This is driving me crazy please help, My husbands ex girlfriend is from Austria when they broke up she said she was pregnant and before she left back to Austria she said she had an ab__tion. She has now come back to the us and has a child she’s claiming is his. She’s a str__per and has been back and forth to vegas for past 4years. She’s now harassing him to sign papers so the child can have American passport. My question is does he have to sign these papers? What laws can I look up? We think she’s just trying to get citizenship? Can she force him to do DNA testing? Thank you

    1. You are married and he is your husband so this is the most important thing, no matter what the issue is or what happens. It is not the end of the world and in no way should affect your love for your husband. I know it is upsetting, but do not let it affect your marriage.
      However, I think you might be right, she is trying to some trying to get US citizenship. But Austria is a very rich country, so I do not know.

      However, lets be fair about this. If the little baby is your husbands child and she thank God did not have the a___tion, then there is some responsibility on his part, I know it is no fun, I know it basically stinks but life is complicated I think sometimes. As adults we have adult problems. But again it should not affect your love for him.

      He does not have to sign anything. or in most cases he does not have to take any tests or sign anything. However, if there was a lawsuit against your husband for paternity, by the lady, a judge might ask him to prove he is or is not the father, but again he does not have to take it I think. Lets say there is enough evidence without it to say he is the father, then in the end it might be in his best interest to take it and prove that he is not the father. I do not have the wisdom. I know it is really hard. But I think many people have children from outside their marriage in the world today. It is not the end of the world, if that is the truth.
      The fact is no one know, except maybe the mother. Does the child look like your husband?

  3. Hi I am married to a Chinese Indonesian which is in Indonesia now. I am the mother and a American Born Citizen wanting to have my baby in California. But my husband wants to know if we have the baby in Indonesia, and I come back to the states with the baby does that mean the baby would have to apply for Permanent Residence or is he automatically a citizen of U.S? Since I’m the born American mother.

    1. I am an American and I did not have to go to the USA to confirm US citizenship for my daughter. She was born abroad. You just have to go to the US embassy and fill out paperwork with your husband. Just make sure with the US embassy before hand that this is OK.

  4. My mother was born to an US citizen in East Germany. My grandfather was married to my grandmother and never moved back to US. He could never file for her citizenship because there was no US Embassy existing in East Germany. Socialist and Capitalist just did not get along. By the time the “Mauer” fell my mother had already passed away and my grandfather also.
    So, what happens in such a case? Could I still file?
    Also, I lived for many years undocumented here in US, so was I really illegal during that time or was I just an undocumented citizen?
    I received through my husband a green-card in the end.

    1. If you are of German blood I think you have a strong case for citizenship. If you are asking about your US citzenship, I think you were living illegal as to be a US citizen the parent must file and have lived 5 years in the USA. However, in Europe it all does not matter as it is based on blood and you could be confirmed a citizen in contrast to the US which is about paper’s a filing for anything to be actual. I do not know if this clarifies or I understand your question. East Germany, very interesting place, you saw Good-bye Lenin of course?

  5. Hello, my question is off topic for it has nothing to do with having a child…I would greatly appreciate some feedback..My fiance was ordered to be deported 13 years ago to his country of birth, Lebanon. However his parents were both Iraqi citizens. after his birth they moved to the USA. Lebanon is not acceping him because under their law the father has to hold a lebanise citezenship for the son to hold one. so now 13 years later immigration told him they will try to deport him to iraq because his parents are iraqi..can they do that?? since he was ordered by the judge to be sent to lebanon? also, he was never placed on his parents iraqi passport when he came to this country when he was 1, he was let in with his lebanise birth cirtificate..please try to help me out with whatever info you might have.

    1. For me it seems all unfair, and there is protest that citizenship would be transmitted in other ways, but his father would have to be of Lebanese nationality, legal papers etc to give citizenship to his son. Is he being deported from Iraq, that is strange as he is Iraqi. What citizenship does he hold? He could live in many countries as a stateless person and a refugee, but this would require strong will and paperwork on your part. If you are a stateless person you can get a visa in many countries.

  6. Thank you for the taking the time to reply to my post..let me clarify the situation..we both live in the united states, i am an iraqi greencard holder. He was a greencard holder til it was revoked from him 13 years ago, and was ordered deported to lebanon because he was born there. He is still in the USA because lebanon will not grant him citizenship…however, immigration is trying to deport him to iraq, he never stepped foot in that country so can they grant him an iraqi citizenship? His mother and father are iraqi, but he has no iraqi identification and he is not in his mother or fathers passport. Im just worried that he might get deported to iraq and am on edge. Also another thing that boggles me is that his mother became an american citizenship we he was 16 years old. dosnt that mean he should of been granted citizenship in the USA? but his immigration officers say that if the father had been the one to become a citizen instead of the mother, than he would of gotten his citizenship granted? isnt it the other way around? we are in the process of hiring an attorney, but they all say something diffrent..i guess im trying to educate myself as much as possible to be able to help him, again any info would be greatly appreciated!

  7. I have just recently been told that my grandfather was an American citizen, he is no longer alive so I was wondering if I could claim dual citizenship, I am a Canadian, any answers would be appreciated. Thanks

    1. Too far removed, sorry, you might have some special preference but in the USA, your parents would have had to be citizens and spent 5 years in the USA.

  8. hello, just want to ask for advice. I am a filipina married to a US citizen, i’m now staying here in US with my baby from another US citizen man that left us and never supported my baby ever since.
    Just want advice if I could get a citizenship to him with/o applying for the adjustment of status., ‘coz that processing needs big amount and my husband is in financial trouble this time. or can I also get a child support for him from his biological father..though he was not aknowledge. thanks and more power!

    1. I do not even understand what you are writing. Too complex for me. If the natural father (your husband) wants to make him a citizen and he is a citizen it cost nothing really.

  9. In 1994, I had my daughter in a German hospital. She has a German birth certificate. My dad was stationed there as a member of the armed forces and I meet my husband there and married in Denmark. So we are both American citizens. My question is…Is my daughter a German citzen as well as an American? I know she is an American citzen because I had to apply to get her a Consular birth certificate. But I read that she does not have dual citzenship because germany does not recognize dual citzenship.

    1. Dual citizenship is not the issue. The issue is German citizenship is passed by Jus sanguinis not by place of birth like in the USA. If she is not of German blood is can not get citizenship. However, I think if she was born in German and lived there, if she applied for German citizenship it would not be too much of a problem. If she was born 2000 or after it would be even easier. But if she is not of ancestry or living there now, it would be a hard case to try to get citizenship based on birth abroad.

  10. I have a baby that a father is american. I am filipino, WE are not yet married..what kind of passport i will get to my baby?..My fiance is planning to get a fiance visa for me. If I have a fiance visa Can i bring my baby even we are not married but in his birth certificate his father’s name is there..What will i do?

    1. I think with a genetic test and a lot of paper work your baby can get a US passport. But you have to do a lot of work as you are not married and the male not the female is the USA citizen, this makes a big difference. I would start that paper work and I would also check with the US embassy about if the fiance visa applies to your baby. Good luck.

  11. So even if Obama was born in another country because his mother was a citizen so is he, right?

    1. The issue with that is he would not be a US citizen as the law states that the mother must have lived as an adult over the age I think of 14 for 5 years, so he would not be a US citizen. I think Obama is a US citizen but is really secretive about his past for some reason.

  12. I want to know how can I get a Spanish passport for my baby. I’m still pregnant but I want to know what I’m going to do. I’m a European citizen from Spain but I’m living and working here in United Kingdom. One more thing,can I register our marriage in registro civil Madrid? but we got married here in UK. Is there any problem with that?

    1. No problem to get an EU citizenship for your child, in this case Spanish. You her mother is Spanish, not an issue, just a form. At birth your baby will be a Spanish citizen. You can get married anywhere in the world basically and you are legally married all over the world. I was married in a small church in Krakow, Poland, but my marriage is valid if I move to Hawaii.

  13. Actually, i’ve found that is not that simple. I am a US citizen and my wife a EU citizen. My daughter was born in Europe, but in order to register her, we must go through an interview and provide not only the documents that you listed, but these as well.

    Primary evidence documents that may establish your physical presence in the U.S. before the child’s birth (for a total of 5 years; 2 of which after the age of 14)

    Acceptable documents include:
    – DD214 Separation Statement (Military Members only)
    – Transcripts from High School and/or College
    – Wage Statements

    Secondary evidence documents that may establish your physical presence in the U.S. before the child’s birth

    Acceptable documents include:
    Former/Current Passport with stamps
    Airline ticket stubs
    Credit Card Bills
    Utility bills
    Tax forms
    Notarized Affidavits from former/current employers

    1. That you very much for detailing these documents.
      For me it was simple. I think I had, tax forms, passports, school records, W2 forms. You should be a large paper trail. All you have to do is organize these. The documents you listed are correct. They just want to know you live in the USA for the time you stated.

  14. I am USA citizen, and my husband is German citizen
    i am pregnant, i am here in the us, but my husband
    still in germany, and he want me to have our baby
    and his country, if my baby will became a usa citizen?

    1. If you lived in the USA as an adult for 5 years as a citizen, than if you have your baby in Germany it should be no problem at all. Check the embassy website. But I think you are fine. Just have paperwork.

  15. I have a daughter uS Citizen living in Canada and had a baby with a Canadian boy. They are not married. Baby I understand has dual citizenship but when she want to leave the boy can she just leave or what will need to be done. She has baby’s passport and Birth Certificate.

    1. I do not know Canadian law. If your daughter and her baby have a passport they could in theory leave no problem, but I do not know what the rights of the father are. It is a very sensitive issue as the baby is Canadian also.

  16. We have a son who is born in the Netherlands out of wedlock, his Dad is Us citizen and we are married now, and all living in the US. How and where do we apply for our sons us birthcertificate.

    1. You need to go get the birth records and simply apply. It is not a complicated process as long as the father lived 5 years in the USA before his birth.

  17. Hi there,

    I am an America citizen, living in South Africa with my S. African husband. We recently had a baby and I have applied for her S. African birth certificate, but would like her to be a dual citizen. Is this possible like you say?..just go to the consulate, etc. Will she get an American passport that way? Thanks!

  18. I have a fiancee a U.S. citizen and I am from Phils. He applied our K-1 visa but till now no decision yet. We are almost 4 yrs in a relationship til this early 2010 i gave birth, baby got his U.S. passport and was baptism mid this year. My questions

    1)my fiancee is in U.S. now , can he apply our baby to be his beneficiary to the Social Security of U.S.A. even the baby is here with me in the Phils. When he returned back U.S. he brought with him Baby’s orig. birth certificate, xerox blue u.s. passport and baptismal certificate.

    2)Does our baby needs to get his own SSN here in US embassy, PHils. just to be qualified to be his father beneficiary in his Social Security?

    Il appreciate it if you can help me with my queries.

    Thanks and God bless.

    1. You need to get a SSN for your baby. Social security benefits are all about this. You get that by applying, start with the website.

  19. where do I go to apply, cause we are getting all diffrent informations…some are saying we have to apply at the amsterdam consulate, but how we are in the US some say now we have to file the N-600 at the USCIS but how that can happend our son is US citizen by birth to his US citizen father. And that Form cost 460$ so we are a little bit confused…please help….

    1. First, Dzien Dobry,
      Your son is American. Do not worry. You just need to sign him up. It is stressful and but once it is done it will be easy.
      Original copy of the birth certificate
      Original copy of the parents’ marriage certificate
      Parents’ passports
      2 hotgraphs, 2 in x 2 in (5cm x 5 cm), with full-face shown and a light background
      $100 USD
      That is what you need from my understanding. Your husband has to prove he was living in the USA for five years as an adult.

  20. I am British born living in England and I want to know what kind of passport will my baby get if born in America and also what kind of citizenship.

  21. I am a US citizen via naturalization 20 yrs ago. recently i got my canadian permanent resident card. can a US citizen be a canadian citizen as well even thougth he/she was not born as a US citizen?

    Actually, i was born overseas where i had my overseas passport. However, due to naturalization rules, i took the oath to renounce my birth citizen. I understand this rule has changed recently.

    please let me know if i can file for a canadian citizen if i already have my US citizen?

    1. You can have dual citizenship but in each country you must be the citizen of the country that you reside, that is while in the USA you are an American even if you hold a Canadian passport.

  22. I am an American living in Italy. When my baby is born in Italy will she and I be able to obtain citizenship so we can stay in Italy? Will we be able to have dual citizenship in the US and IT?

    1. If your baby has Italian blood she can get citizenship, but not you. If you have Italian blood you can most likely get citizenship. This is because Europe goes by Jus sanguinis.

  23. My son, a U.S. Citizen, and his girl friend, a Marshallese Citizen, had a baby while he was working in Kwajalein. His job there was terminated right after the baby’s birth and he didn’t have time to get the baby a passport or apply for US citizenship for the baby, but he did bring the girl friend and the baby to the US when the baby was 3 weeks old. How does he obtain US citizenship for the 1.5 year old child now?

    1. Same way as anyone does, he needs to apply by presenting the full birth certificate in English with all other important documents, such as proof that he lived in the USA for 5 years as an adult. Since he is the father and not the mother and he is not married, the US government wants to look to see if he is really the father. This is because any woman with a child who is not married could claim an American as the father and half the world could come to the USA. So there will be additional testing or checks. Some people do DNA testing, but there are other checks that could be OK. Apply at the department of Immigration and citizenship. uscis.gov

  24. Hi, I’m an American (born and raised in New York) living in Italy with dual citizenship (American-Italian). I’m not married and I’m expecting a baby with my Italian companion who is the mother. What do we need to do in order to get an American citizenship for the baby? We aren’t planning to live in the U.S. but I would like our baby to have a dual citizenship anyway. Any advice? Thanks,

    Chris

    1. You have to prove that you live in the US for five years as an adult and you have to prove you are the father. If you are not married then it will be harder and the burden of proof will be on you, as people use to scam the US government this way, that finding some US guy and claim he is the father. So you understand why the US government changed the rules. But the good news is you can get a citizenship for your child. My first recommendation is get married.
      Other people use DNA testing etc.

  25. If I get my English Fiance pregnant while she is on her visit here in America,how can me and her parent the baby?
    Will we all be seperated until I have citizenship to the U.K. other then visits or is there a way to parent it together?
    I know my Fiance is going to try to get citizenship here so we can be together.
    I know and have always heard it is hard.

    1. Why not just get married legally? But actually you can also get a fiance visa as long as you get married in the next 6 months.

  26. Hi I am an American citizen. I got my citizenship through my mother who is American and my father who is a naturalized American by marrying my mother.
    I was born and raised in the United Arab Emirates in which I currently reside. I have never lived in America for a total of 5 years. Now I am married to a Saudi Arabian and I have a 14 month old daughter with a Saudi passport. Can I get her an American passport without traveling to America since it is almost impossible financially and my husband is abusive and threatens to take my daughter from me. Please help.

    1. I would try to get her a passport anyway. If you can not get her confirmed a US citizen, you might be able to apply for a longer process. But I think if you have not lived in the USA it will be hard. I think she can apply for a green card I-130 petition but it is 1000 USD and only if you intended to live there with her. So I think it is hard. Maybe there is an easier way to get citizenship, but ask the embassy on this one as it is complex.

  27. I am American (born and raised in the South) who plans on marrying my British/English boyfriend (here on a student visa). We plan on moving and working in Dubai. If we are married and have a child in Dubai where would/could our child have citizenship?

    1. Your child would be American and British, but would not have a Dubai citizenship unless you really worked on it.

  28. Hi.I am Filipina and my ex-partner is Italian. We have a daughter but we don’t have any communication right now. My daughter’s name is under mine and I regret it. Is it still possible to apply for Italian citizenship for my daughter? What would be the process? Will the Italian Embassy trace and find my ex partner before we can we push through with the application.

    I would really appreciate your response. I tried inquiring via email to the embassy but they’re answer was vague. I want to have an idea first before I go to them personally. Thanks in advance!

  29. 22years ago, I spend a 2 month vacation in Grenada. I just found out the lady I spend time with, had a son, who is now 22years. If proven thru DNA test, this is truly my son, what USA citizen rights would he have. I’m a USA citizen and mother is Grenada citizen.

    1. Mama Mia – I think it has to be done before your son is 18 but for this case talk to the US consulate.

  30. Here is my story,my father is American and my mother is Filipino he left me and my mom here in the Philippines, he sign my birth certificate and of course I am using his last name.I was supposed to go to states when i was 12 years old but i lost contact with my father. Now I am 24 and his back and he wants me to go to US to live with him. Heres my question.
    1.Will that be easy even my parents are not married?
    2.What papers do i need to get there?
    3. In my situation, how long do you think I can get a visa.
    My father said he will send whatever papers i need, please help me.Thanks!

    1. At 24 I think citizenship is not possible to claim. But you can apply in a normal way for a visa with the US embassy. If your close relative is an American than I think it will take like 9 months. You need all the forms listed on the embassy website. Birth and marriage and CV or life history and the application.

  31. Hello Mark,

    I’m a Canadian and my wife is a US citizen. She just got her Canadian permanent resident card. We had our baby in Canada while my wife holds a visitor of record. We are looking into getting my baby the US citizenship but my wife been an American citizen for only three years but she has lived in USA for over seven years. Will she be able to grant my baby a USA citizenship?

    Thanks,
    Sam

    1. I think she can. No promises, but I think at this point it is possible because she did live in the USA for 7 years.

  32. First of all if two people are not married and the father is on the birth certificate then no way can one or the other take the child out the country without permission from the other as it is called KIDNAPPING…due to the rules esepcially between canada states italy europe countries and like a billion others…

    I am stuck in scotland uk due to the fact I put a italian dad on my childs passport and we are not married, I been on my own since the baby wa s4 weeks and now I cant return to my own country without going thru court and then its up to the judge you get if they feel its th ebest option for th emother and child to be able to return to her own country…now if one is on benefits as I am and cant afford a £150 a hr lawyer then one is bascially play chess withed, I am trying to figure out what to do but this new law since uk became part of the european union is stupid and unfare as there are alot of mothers from foreign countries stuck here who cant return to the home country even if they are unmarried…

  33. meant to say put italian dad on birth certificate!!

  34. also I am Canadian and my child can have dual but its either Canadian and British or Canadian and Italian as the father wants and he refuses to give me a Canadian passport for my child as I need his signature so I think but I don’t need his permission to register my child Canadian as neither does he need mine to register her Italian

  35. My son is an American citizen. He has worked overseas for over 5 years just returning to the US to visit. He is not married and his significant other is South African and pregnant. They are currently in Spain. There are thoughts of possibly either returning to the US or to SA to have the baby or they just remain in Spain. Not sure if they will be married before the baby is born. What options do they have for the baby’s citizenship?

    1. The baby will be a SA citizen, but if your son does a dna test for example or proof he is the father and has shown proof that for 5 years as an adult he has lived in the USA the baby can be confirmed as a US citizen.

  36. I am in America on visitation and i will deliver my baby in America soon will the baby be a US citizen? What is required for the baby citizenship?

  37. I am an American Citizen living in USA dating with a Peruvian Citizen living in Peru. She left USA, went back to Peru and found out she is pregnant. What do we need to do in order to be together during the pregnancy and after wards. Will we have trouble being together and what citizenship will our baby have?

    1. I would advise to be with her and not have her travel during pregnancy as some people have difficulty. You can read about it on the web. But that is up to you.
      I think the best way to handle this is either get married (best solution) or establish yourself as the father via DNA testing for example. Then you need to prove that you have lived at least 5 years in the USA as an adult. When the baby is born go to the US embassy and apply for US citizenship.

  38. I had a baby born in Mexico I am a US citizen can I pass to my country without going to the embassy cause I cant afford to get the birth certificate right now and the father and I are not getting along and he will not pay for it she does have a mexican birth certificate and on it says I am an American.

    1. You have to contact some women’s help agencies in the state you are resident. The US government will not seperate a mother and a child especially one born to a US citizen. There are a lot of requirements to fullfill to get a letter of birth abroad, simply paperwork. But you have to do this. Start calling the US embassy but also women’s assistance programs in your state. The US embassy might have one stance, but if other agencies come to your help they will work with you.

  39. I am 31 years and I was born my son before 4 years ago in USA and I came back to Dubai (I am holding Palestinian passport and I was born in Dubai also), after a few months I applied for visiting visa to visit USA for treatment purpose for my USA son ( he had hall in his heart and I have the full reports from USA and stamps in the UAE regarding that), but the consulat officer refused us because they know that my son was born there, what you advise me? Can I apply again and again?

    1. If your son is a US citizen, he has the right to enter the USA, however, they base the parents on a visa application. I think you can get a medical visa, but this is not long term. Your visa to get a greencard is based on income. You would need to make about 25,000 usd in US based income or have over 100,000 usd in assets or get a sponsor. These are rough estimates as there is a formula they use.
      So I think for a hardship or medical visa you can get a temporary visa there. But for long term you need to show income or assets.
      If you get an immigration lawyer they might have a way around it as another US agency can challenge the immigration denial as the US does not want to seperate a child from its parent.
      I think yes you can reapply or appeal, just understand all the reasons why you were denied and work honestly and openly and also maybe get a lawyer to help you.

  40. How would The mother Of A baby come To USA with her baby that was born in Philippines? The baby has dual citizenship, How without being married To The American father Of this child can the mother get A Visa Or Green card to bring her baby to USA? How would the mother do this and how long would it take for the mom be granted permission to come to USA with her baby?

    1. If the baby has dual citizenship then the father must have been with the mother and the child to get confirmation at the US embassy with documents etc. The next step is to get married and stay married. Do not get married for a visa but get married because you love each other and care about your child.

      Getting a visa for immigration to the USA is no easy task.
      If you are married then you will need lets say 27,000 dollars a year of USA based income on your past tax return and sign a ten year financial support agreement. This applies even if you are divorced.
      It is basically 150 of the US povertyline for three people in the most states. You can factor assets into it but income is what they want to see. It is all about money.
      If you are married you also have other others.
      But just a girlfriend will be hard to bring to the USA . This is why there are marriage laws and family laws.

  41. I am Filipino and I am married a US citizen and my petitions already approved and I’m waiting for my visa everything was pd already all I waited is my medical and interviews, then I am pregnant almost my due date 4 weeks more, my question is, what will I do with my baby once I delivered here in the Philippines? I wish i can get result as soon my visa but I doubted if they still allowed me to travel since almost my due date,is it possible that the baby can travel with me after all we get done the requirements?

    1. The baby needs a status. If you baby is a Filipino citizen then your baby will require a visa. It will also change the financial support requirement for your husband. All this is secondary to the health and welfare of your baby. What does it matter if it comes to the USA this year or in three years. Take a breath and put your life in perspective. I am an American that has lived a good part of his life outside the USA. It does not matter. All that matters is you are with the ones you love.
      When the baby is born I could work with your husband and get the baby confirmed a US citizen. It is a very quick process and all should be in order.

  42. My baby was born outside US in china. We took her to US when my wife came back on her initial return as permanent resident (she received her greencard when she was in china. In this case, baby can come into US with mother without a visa. My wife got a chinese passport for the baby in China. When baby entered US custom, her passport was not stamped and custom officer told us to apply for a US passport for the baby as I am a US citizen. We submitted her US passport application when we get back home in US. Since then, we had many correspondences with passport office and submitted many supporting documents (all in Chinese and translated in English). However, in the end, they sent us a letter with instructions for DNA testing. We are not comfortable to do DNA testing b/c it is against our family/culture tradition. I wrote letter back and ask they return our documents such as Baby’s chinese paasport and birth certificate back if they decide not to approve her passport application. However, 3 months have passed and we are still waiting for a response. Could you tell me if we will ever get our application and documents returned to us? What will happen to the application? Will we ever get a response? since we have not responded to DNA testing (it is voluntary). What will happen to the baby if passport application is denied? Will baby get a order of deportation? Could we later try to apply immigration status for our baby in a few years time? Your help and guidance is highly appreciated.

    1. The key thing is not the passport but the citizenship status of the child. The passport is only a secondary document. Therefore, as you know it is about citizenship.
      Since the father and not the mother is the US citizen, the rules are different. If the mother was the US citizen, it would be clear as the baby was clearly from the US citizen mother. However, in the past people have tried to scam the US government and bring babies into the USA with a man claiming to be the father. This is harder to prove. So they have increased the burden of proof.
      I personally feel a lot of the way immigration is dealt with in the USA is too honest people. Just know that you are not alone in the burdens of government making citizens feel bad

      I personally would just do a DNA test. It is just a cotton swap in your month. No big deal. I mean you leave your DNA every time your hair falls out or you touch something.
      However, if this is a religious/cultural thing, I understand 100%. I understand and I am not a big fan of big brother myself. So you have to build a case.
      You have to pile as much supporting evidence such as your name on the birth certificate and anything else you can throw at them. It is all about paper and documentation to substantiate that the child is yours. I would check the embassy website about this. They have suggestions. Without DNA it can be hard.

      However, the good news if you can get another US agency involved if you want. Why? The US government separating a baby from its mother does not look good and they can write immigration. This might require an immigration lawyer. But It would be a hard argument for the US government to break up a family if the father is a citizen and the mother is a legal green card holder. It would look horrible and I can not imagine they would do something like that if a family advocacy agency of the government is involved. I do not think they will deport your baby at all and it will not come to that. So be patient, just pile them with back up documentation and support. Anything you can. Pcordialos, signed statements of people that have known you. Anything.

  43. Oh how I wish I was born while my mom was on a vacation in the USA 🙂

    1. That would have made life easier. But if you want to live in the USA there are many other ways. Immigration to the USA is more of an art than a science and you need to understand what your niche is in the law.

  44. I am from Eastern Europe. I had fiance US citizen for 2 years. We were going to get married but suddenly he left me after he found out that we are going to have a baby. Now I am lone and I am pregnant. I would like to know what my rights are and if my baby can get citizenship of US if I will sue my fiance and do a DNA test to prove his paternity? Man can’t just get away from responsibilities I guess and leave woman like this. I am thinking to give a birth in US so it will be easier to help my baby and get child support from his own father. Thank you

    1. If the father is a US citizen and you are from another country what is your rights is a common question. You have rights as it is not about you or the father but the child and some agency in the USA can help you if the child is born in the USA. If born abroad in a foreigner country it will be harder but not impossible at all, you still have many options.

      I am 100% on your side. However, I do not have the wisdom for such a situation as I am not a lawyer and do not know the details but I think you have a lot of rights and your situation is OK, in the long-run everything will be OK but in the short run you might have to work through some things. I can tell you what I would do if I was in your situation and about to be a parent.

      Contact his parents and just let them know they will have a grandchild. – This could increase his awareness of the situation and how important it is that this little will need help.

      If the child will be a US citizen as you will give birth in the USA, you do have options. Born outside the USA it will be harder in my opinion. The Department of immigration or homeland security might not give you right to stay in the USA, however, advocacy agency, women or children’s can get involved and from my understanding immigration usually backs off as the welfare of the child, a US citizen is the concern and you will most likely get a visa.

      You can sue for paternity and I would. He needs to help you out. I know it is the 21st century and we are all cool, and women can be single mothers, but it is a lot of work and you need support, on many levels.

      Do not worry. I am a father and it is the greatest. No matter what the issue is or problem as long as you have your child that is all that matters. You will have great joy from this.

      I do not know why he escaped? Maybe he got scared, but try not to be too negative towards anything or anyone as dark emotions will cloud your judgement and are not good Karma. Try to calm your mind. It is important for your baby too.

      Do not panic, you are European with ties to America, no matter how bad it seems in America or back in Eastern Europe it is not Africa or a slum in Brazil. I live in Eastern Europe as an American and although my life is very modest, it is a nice life. I do not see people staving on the streets like in East Africa. It is Europe and America. So no matter how bad things seem, it will work out.

      If you are at all religious, regardless of the denomination, try to connect with church organizations that can help you. In the USA there are many. They provide emotional and other support and ideas as they are pro-family.

      I know people will protest when I say this, but once your baby is born your costs are not going to increase that much. If you breastfeed and until the child is lets say 2, the cost of food is not that high. Mostly homemade children soup and you can make your own baby food in a blender. That is what we did and our daughter is in the 99% range for height. Even going to McDonald’s and eating just the beef is not bad as it is high quality protein, and very cheap, what is a hamburger 1 dollar. We always took a multi vitamin and DHA.
      So food is no extra.
      Diapers and things are the main expense, but there are many ways to save here.
      Clothes, the world is filled with hand me down baby clothes so not a big expense.
      So really a child is not a big cost if you have to go into survival mode. It is more obtaining a visa and and eventually work or a stream of income.

      So I do not know if this helped but let me know if you have specific questions about giving birth to a baby with a US father.

      1. Thank you so much for your advice. I think I am a strong woman, because I went trough many sleepless nights and I survived. I called his parents, I speak almost every day to his mother, she loves me, she prays for me but she does not have any power over him or make him feel different. We planned baby before and he was always happy to speak about it, I don’t know why he got scared now. I asked hi so many times to come and visit me and go to doctor with me but he refused. I got US visa but this is just B1/B2 type and it does not allows me to stay there or work. I told him that maybe I will give a bith in states but he did not say anything. As I see he does not feel any responsibilities to situation, of course he does not want to pay child support and he thinks it will be ok because I can’t do anything about it since I am not US citizen, but I am lawyer myself in my country and I know there must be a way. Man can’t just come in my country, make me fall in love with him, get me a pregnant and then escape. He did not expect then I would get US Visa, but I did so now I guess he is more concerned because I can come any time and sew him, even I would not get Visa I would still get an attorney and swe him from here. I wasted 2 years of my life on this man who I thought was the best but in the end he just run away. I don’t need anything from him, but I want to make sure he will get his part and take care his own baby, because I can prove any time he is the father of the baby. I still love him and is hard to beilive he done and cause all this pain to me. I carry his baby and I want baby would know who his father is. It is just sad when man in his 40 still can’t realize what is life about… Thank you so much…

        1. Malinka (Your name means raspberry) (similar to Malenka your little one) – Life is long and you never know how all this will play out. Also you have more options than you think.
          I think if you have a lot of things going on in your life and it is hard to see everything in a broader sense.
          1) I think if you are wise about it you can get a right to work and live in the USA. I do not know how, but I am sure there are laws about the mother of a child in the USA that needs support. Maybe even citizenship.
          2) His mother understands and feels for you, but he is the one with free will. I feel for your too, I know it is hard, but I really think highly of you going to have this beautiful baby.
          3) From a man’s perpsective it is all about fear. It is not that he did not love you or does not. It is about fear. Do not think like you were played. Men escape becacause of fear. I am a father and I know the best and most natural thing for a man is to have a family. It makes your life magic. But for some reason some of my male friends fear this more than anything, until they are a father. So I guess it depends on many factors and is never that easy but I think fear is the root of many a man’s problems.
          4) Even if you are a single mother, it is hard but I know many in Eastern Europe and they live good lives and their child is their joy. My neighbor Monika travels to India, the USA, does yoga, has a great circle of friends and has a dog. Life is pretty nice, maybe not perfect but she is happy as is my friend Kasia who has a real estate licences and has a lot of fun in life, as does the lady upstairs who adopted her brother’s child and she travels the world and runs a business out of her flat. So being a single mother is not as easy has having two parents but life goes on and I believe God helps people who ask. Even if your faith is weak, maybe the size of a mustard seed, you can say to the moutain move and it will move.

  45. I’m an Egyptian who had to deliver my baby in the US my questions are:
    1- Can my baby hold the Egyptian nationality too?
    2- what benefits do an American baby have e.g. health insurance?

    1. Egypt allows dual citizenship but you need to registar your baby. You are an Egyptian mother so no problem. Your baby who is an American does not have any benefits other than a passport. You need a visa to stay in the US and you are obligated to support your baby legally. If you can not, it will be very complicated.

      In theory wth tricky lawyers you can get help for your baby, but the as their legal parent, it is up to you, not the government to provide health insurance. Even me I am an American and I want to move to the USA after living abroad, I have to pay a alot for my child’s health insurance and my wife who will get a green card can not take any benefits from the government for 10 years as an agreement for the visa. So I would find it hard to believe that the government would give anyone anything unless there was a good reason, like abandonment or poverty.

  46. Hi, for quite sometime me and my BF have been planning to have our baby born in a foreign country..recently we both agreed to have it in US..I’m not pregnant yet but was planning to be very soon. We are not yet married, it’s gonna be our first baby and it’s also gonna be our first time to visit US as well. Our main plan was to give birth in US while visiting our relatives too. How can it be possible for us Or just for me to be in the US while expecting and give birth there. What would be our application. What should we do. Our only reason to go to US was visiting relatives and give birth(just for our baby to have dual citizenship both US and Filipino) and be back to Phils right away. What are the ways that we can visit US with all the reasons stated above. Should we really be married? Do we have to pay something given the scenario?

    1. Born in the USA your child will be a normal US citizen. But you know It does not give you or your husband any right to stay in the USA. Citizenship does not flow from child to parent but from parent to child. But with time in theory you could apply for a visa based on family.
      However, you can give birth while visiting. Births cost about 10,000 dollars in the USA now. You can also do this with a home birth provider for about 4,000 dollars.
      If you want to have a baby why not get married? You could even be married in Nevada with only a passport and like 30 dollars. Don’t you think a baby deserves two married parents? Why can you plan to have a child without marriage?
      On the application for visiting I would be perfectly honest, that is just me.
      But you can in theory, not be married, fly to the USA and have a baby and the baby will be a citizen, and no one will stop you if you have a visa, but the cost of having a baby in the USA is about 10,000 dollars.

  47. Hi, could you please help clarify a few things for me? I was born in Pakistan, grew up in the US of A, and then lived in Canada long enough to become a citizen. I now have a dual citizenship, being both Pakistani and Canadian. I’m at the moment back in Pakistan, and recently got married about 2 years back, and am expecting my first child. I don’t plan on living in Canada anytime soon, as my husband is an industrialist and his business is based primarily in Pakistan. What I’m wondering is, will my child be a Canadian national too? My husband is a Pakistani national also. Looking forward to your reply, thanks.

    1. From my understanding of your situation your child will have dual citizenship because if a baby is born in Canada they are citizen at birth.

  48. I’m living in a country where my religion is persecuted i just need to find protection and peace for my family and myself.
    What do I have to do to apply for religious refugee taking into consideration my son is American.

    1. You need to give me more information as certain countries like Cuba, Iraq and CIS countries have preference. It also helps if you are from a certain religion like Jewish, Evangelical Christians or Ukrainian Catholic for example as these groups have historically been recognized by the US government as persecuted minorities.
      The main point of resettlement is, you need to get someone at the US embassy to initiate the process, that is UNHCR-referred, non-governmental agency (NGO) or Embassy-identified persons with compelling need for protection.
      Therefore, it is all about a referral. That is not hard, it is you have to present evidence and communicate with them so they can start the process. It is determined by determined by the DHS/USCIS; and not be excludable under INA Section 212(a).
      So the first step is to create a case of evidence with documentation to present. Some people get legal help as this was a common way for people to immigrate to the USA.

  49. Hi. I’m pregnant and not married yet with my boyfriend, who is an American citizen. Somehow we think it is too soon to get married and we don’t want to get rushed into it (we are not ready) but definitely we consider that in the near future. I’m from Europe and I’m here on a student visa and graduating soon and I’m worried of what my rights are here if my baby born an American citizen. I will never want to be separated from my baby if one day things aren’t that good with my bf and forced to return back to my country. I don’t know if that is possible but I’m just horrified with the idea of being apart of my baby. Will my baby’s dual citizenship can give me equal rights over situation like this?
    What can i do to keep a legal status here after my studies finish and I’m not married yet. Is there any way i can apply for a green card if my baby is an American citizen. I just want to make things the legal way and not stay here illegally. Are there any organizations i could look for? Thanks in advance.

    1. I get this question all the time.
      1) I think it is great you are having a baby, it will be the joy of your life, you will see, I promise.
      2) I am American and married for several years but my wife does not have right to be in the USA just because we have an American child. I have to prove as a husband I can support my wife for ten years. You have to make US based income. 1.5 times the poverty level etc. It is not simple.
      3) I do think there are legal ways to get around this, like with women’s organizations etc, but I do not know them. If you or anyone else finds this information out can you post here or write me?

  50. I’m an American citizen with a Chinese wife. If our baby is born in China will it matter that our marriage certificate was issued from China and has not yet been recognized in the US? And if it is a problem, is there a way for the US Embassy to recognize our Chinese marriage without applying for a marriage visa and going to the United States? Or if we do have to go to the US, how can we take our baby with us since he will not have US citizenship? Would he need a Chinese passport?

    1. You are all set. Once you are married in one country you are married all over the world. I was married in Poland and the USA did not have to recognize it or anything special. We are just married and that is it. The main think for you is if you are the USA citizen then you would have to have lived in the USA as an adult for five years sometime in your life.
      If you can prove that with tax records or school records your child will by law be a US citizen and the US embassy in China will issue a birth overseas certificate. It is no problem.
      In my opinion you have nothing to worry about. I did it and so did many of my friends, that is get married abroad and confirm our children’s US citizenship.
      You can e-mail the US embassy just to check.
      You can get your son a US passport in China, no need to leave China. My Daughter has two passports, all obtained in Poland. You pay US taxes and you have the right for all this and the embassy will help you. They work for you, contrary to some of their attitudes.

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