Children of US citizen born abroad

[manyanjm 0]

I am a US citizen,and my fiance recently delivered my kid abroad and I was wondering wether my kid just got born abroad will become automatically acitizen or I have to file for her,or what should I do so my kid will claim my citizenship,i heard if she take the kid to the us embassy they will give the kid apassport,please someone who has ever had akid born abroad advice me so my newborn can join me in states.

[Jim Brown 5]

Short answer: Yes.

Longer answer: It depends on a variety of factors. You said 'fiancee,' so I presume you and the mother of your child are unmarried, and that the mother of your child is not currently legally married to another. This section then applies to you:

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence;

The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

While the person is under the age of 18 years --

the person is legitimated under the law of his/her residence or domicile,

the father acknowledges paternity of the person in writing under oath, or

the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

[Richard-Y-Abigail 18]

This is almost a no brainer. There have been other people on VJ to ask this very question. Do a search. Our boy was born abroad, and my name is on the birth certificate, but since we were not married, we have to have a United States chosen labratory draw blood from me, and then have an agent at the consulate accompany my wife and child to a chosen labratory in Mexico. We will then have to wait for the confirmation. I also had to prove that I lived in the United States. After you get your "Consular Report of Birth Abroad" confirmation, then you can apply for an American birth certificate, and an American passport.

[canadian_wife 1,829]

DNA test is almost a certainty, so is YOUR proof of residency in the US

File the CRBA with the consulate then follow the procedures they assign

Good luck