HELP! Citizenship for Child Born Abroad

[Reanef 1]

I am a born and raised American Citizen who is staying in Norway and returning to America on very short notice. My application to stay was rejected very unexpectedly. My daughter was born in Norway but the birth was never reported to the embassy. Yes, I understand this was a HUGE mistake and Im getting bent over for it. My daughter will be entering on her Norwegian passport as it was the only thing we could get for her with a few days notice, right before the Easter holiday. I am trying very hard to understand what I need to do so if you have any answers for these questions that would be very helpful to my heart

1. IS my baby an American citizen because I am or not? ( I fit all the living periods required and such as well). I ask this because I'm a bit confused. Do I have to fill out special forms or get her naturalized or something? I initially thought the USC just sorta was automatic with no need to fill out extra stuff.

2. Obviously I need to make it known SOME how that she exists to them when I get there. I need to get proof of that citizenship in order to get other things like a SSN. What and how do I get that proof? I saw someone on this board mention that they just filed for a passport for their kid while on a visa there. Is that really all there is to it or do I have to cough up the 600 dollars for an N600.

3. If I do have to do the form route, is it the n600 or n600k?

4. She will be coming into the US on the allowed visa waiver program giving her 90 days of non-immigrant lawful entrance. Is that enough time for one of these forms to be completed or is there a way to get an extension?

I really apologize for being so ignorant about this stuff. A lot of it is very confusing and I can't help but feel I failed to be a responsible parent. But Im getting my head back in the game and reaching out to seasoned people here who might be able to help. Thank you ahead of time!

[Kehinde 45]

I am a born and raised American Citizen who is staying in Norway and returning to America on very short notice. My application to stay was rejected very unexpectedly. My daughter was born in Norway but the birth was never reported to the embassy. Yes, I understand this was a HUGE mistake and Im getting bent over for it. My daughter will be entering on her Norwegian passport as it was the only thing we could get for her with a few days notice, right before the Easter holiday. I am trying very hard to understand what I need to do so if you have any answers for these questions that would be very helpful to my heart

1. IS my baby an American citizen because I am or not? ( I fit all the living periods required and such as well). I ask this because I'm a bit confused. Do I have to fill out special forms or get her naturalized or something? I initially thought the USC just sorta was automatic with no need to fill out extra stuff.

2. Obviously I need to make it known SOME how that she exists to them when I get there. I need to get proof of that citizenship in order to get other things like a SSN. What and how do I get that proof? I saw someone on this board mention that they just filed for a passport for their kid while on a visa there. Is that really all there is to it or do I have to cough up the 600 dollars for an N600.

3. If I do have to do the form route, is it the n600 or n600k?

4. She will be coming into the US on the allowed visa waiver program giving her 90 days of non-immigrant lawful entrance. Is that enough time for one of these forms to be completed or is there a way to get an extension?

I really apologize for being so ignorant about this stuff. A lot of it is very confusing and I can't help but feel I failed to be a responsible parent. But Im getting my head back in the game and reaching out to seasoned people here who might be able to help. Thank you ahead of time!

If you are an american citizen then so is your baby. The child was just born in a foreign country.

[LIFE'SJOURNEY 970]

As a USC your daughter should not enter the US using her Norway passport. Now with that out of the way, you should have filed for a CRBA, research the embassy site

http://norway.usembassy.gov/birth.html

Now, they may even stop you'll at POE, b/c one of her parents will be carrying a US passport. ouch.

[Krikit 1,164]

Moving from US Citizenship forum to Consular Reports of Birth Abroad.

[sachinky 465]

File CRBA. ASAP.

[Reanef 1]

As a USC your daughter should not enter the US using her Norway passport. Now with that out of the way, you should have filed for a CRBA, research the embassy site

http://norway.usembassy.gov/birth.html

Now, they may even stop you'll at POE, b/c one of her parents will be carrying a US passport. ouch.

Well I already understand how all that works now that it's too late

I dont see why they would? A good friend of mine took his kid over to visit some family in the US (He is american as well) and never had a problem. His kid entered on his norwegian pass with the visitor visa deal as well. Mom was unable to go so a note was provided. They asked for the note and that was the only thing he had to do. I have one prepared from my husband as well. So i don't see the real problem Id run into there as far as entering. The problem here is how I go about setting up proof of her citizenship in the states AFTER entering on a Norwegian pass.

File CRBA. ASAP.

I would if I could but I HAVE to leave in two days and its Easter holiday

[LIFE'SJOURNEY 970]

beware, it is illegal for a US Citizen to enter or leave the US without a US passport. TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part II > § 1185 § 1185. Travel control of citizens and aliens (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

I see you are a glass half full type of person. Because someone else ran a red light and didn't cause damage it doesn't mean you will receive the same treatment.

Do as you wish.

[Reanef 1]

beware, it is illegal for a US Citizen to enter or leave the US without a US passport. TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part II > § 1185 § 1185. Travel control of citizens and aliens (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

I see you are a glass half full type of person. Because someone else ran a red light and didn't cause damage it doesn't mean you will receive the same treatment.

Do as you wish.

So the US would have me leave my child behind because I cannot obtain an American passport for her outside the country? I guess Im just not understanding how they can't have another option. Im sure there is a more reasonable solution for some one in my situation than 'Say bye to your kid'.

[Krikit 1,164]

I would contact the American Embassy in Norway for their input: Link

You could also do a search on the Customs & Border Protection site to see if this question has already been answered: CBP FAQ's

One post removed for TOS violations and member thread-banned.

[Reanef 1]

Is the an option for me?

Section 322 of the INA provides for automatic acquisition of U.S. citizenship for children who reside abroad and are not legal permanent residents of the United States (green card holders) and who have fulfilled all of the following conditions:

At least one parent is an American citizen, whether by birth or naturalization;

The American citizen parent has been physically present in the United States for a total of five years, at least two of which were after age 14. If the citizen parent does not meet this requirement, it is enough if the child has an American citizen grandparent who meets the requirement.

The child is under the age of 18; and

The child is residing outside of the United States in the legal and physical custody of the citizen parent, has been lawfully admitted into the United States as a non-immigrant, and is maintaining lawful status (i.e., has not overstayed the visa).

Children who meet the conditions of Section 322 should travel to the United States with the American citizen parent in order to apply for naturalization (please note that this cannot be done at the Embassy). Once a Certificate of Citizenship has been awarded, parents can apply for a U.S. passport for their children either while still in the United States or at the American Citizen Services unit after returning to the home country.

Im trying to see if I understand this right. My child has to come with me to the US to be naturalized. In order to do that she has to enter via a non immigrant visa. Is the VWP considered a non immigrant visa? It seems by using this method, she cannot get a US passport until it is done, in which case she can get the passport while there or upon return to Norway at the embassy. Now to even get in the US using this method she would have to use her Norwegian passport and the VWP (if it is counted as non immigrant). Or maybe I have understood this completely wrong.

Edited April 7, 2012 by Reanef

[Reanef 1]

I would contact the American Embassy in Norway for their input: Link

You could also do a search on the Customs & Border Protection site to see if this question has already been answered: CBP FAQ's

One post removed for TOS violations and member thread-banned.

I will look into the CBP stuff but sadly Easter in Norway is quite long and the offices aren't open until after Im at the airport on the exact day I have to leave Im thinking to call USCIS on Monday to see what I can find out. Do you know if there is an emergency line of some sort that can be accessed on weekends and holidays? I doubt it but it's worth asking!

[Reanef 1]

I just found this information on CBP which is great news for me, regarding those with dual citizenship (My daughter )

'If you have a true emergency, and are unable to obtain a U.S. Passport before your travels and have only a VWP-eligible country's passport, then you will have to file with ESTA to use that passport to travel to the U.S., and you will have to use the non-resident queue when arriving at the U.S. airport using the foreign passport. Note: Is it important to PRINT a copy of the document for your records. The printout is not required upon arrival into the United States, as the officers have the information electronically. Some airlines require the printout upon check-in, please check with your respective airline.'

So it seems I will be ok to get her in the country. Ill be bringing a lot of documentation as well as her ESTA print out

I will just have to contact USCIS regarding the possibly of fixing her passport while Im home.

Thanks again Krikit!

[Krikit 1,164]

It sounds like the information you have posted, above, pertains to your situation. You might try the American Embassy in Washington for an emergency line. Or see if there's one listed on the Norway site. Or perhaps the Bureau of Consular Affairs for Travel? Link

Oh good. Just read your new post. Excellent news, Reanef. Safe journies.

[LlamaInvasion 76]

Just saw this thread, and if the solution above does not work, would you be able to reschedule your flight, even by just one day (or a few hours)? My son (USC) was born in Norway, and they were able to give him an emergency passport in less than 24 hours when we left for the US (the regular passport process was taking too long, and we had a scheduled flight; the day before they called me and said to come down and they would make him an emergency passport instead). The CRBA was mailed to us a few weeks later, when they'd processed it.

[Richard-Y-Abigail 18]

I am reluctant to add to this conversation because we found ourselves almost exactly in your position, and a few people here on VJ have told us that we broke the law. We will, without doubt, be told that we broke the law, again, despite our correspondance with Department of Homeland Security, the USCIS, and most recently, our meeting April 3rd, 2012, where our son was present during the green card interview. The IO even gave us advice on how we could obtain our youngest son's citizenship without returning to Mexico.

Our youngest son was born in Mexico. I am the US citizen and my wife is from Mexico. Since we were not married when he was born, we were/are required to establish not only that I have lived in the United States for the required time, but we were told that we would need to have blood drawn from the three of us, to prove that we share the same DNA. This would have been the completion of the CRBA.

We received the K-1 and K-2 visas before we could complete the CRBA process. We declared his birth to an American citizen, (me), I think on the DS-156, and we declared it to the IO at the US consulate in Ciudad Juarez, in Chihuahua, Mexico. Before the interview at the consulate, we obtained a Mexican passport, and the American consulate in Juarez issued him a K-2 derivative Visa. We crossed the border without fanfare.

As to the Green Card interview, his Visa was there with their paperwork, and the IO asked us why we were not applying for him to have a green card. We explained to them that since he is an American citizen, that it would be illegal for us, or for them to issue him a green card. It was a non-issue. They told us that there is another way, but their information was limited, and told us that we could investigate it for ourselves, or that they could help us if we wanted them too. I told them that we would do it ourselves. Their recommendation for us was to file a N-600, in lieu of the CRBA. In this situation, a DNA test may not be needed.

After many VJ members told us that we had broken the law to bring our son here, I sent off a letter to the USCIS, and to Homeland Security, and despite how the law/regulation is written, or what is known to many here on Visa Journey, we were informed that we did not break the law.

As a point of interest, our son became deathly ill from either raw poultry, or from some feral kittens where we used to live in Puerto Penasco, Sonora, we obtained permission for he and I to travel to the United States, after having tried to get him medical attention in Mexico. This was long before we applied for the K-1, and K-2 Visas. We simply passed through the immigration POE for the USA, went through the secondary inspection. Only there did they hold us for a short time to verify his Mexican birth certificate and to consult with the officers at the POE that we passed through. Once again we told the truth, and we were allowed to pass.

I am not suggesting that you do what we did. It is certain that lady luck was on our side, and a whole lot of honesty. In fact when we all passed through the POE in El Paso, Texas, all this pre-occupation with our son having a Mexican passport and an American Visa was for nothing. We crossed the border without any problem whatsoever. In fact, I did not have my passport at the time, and I, too, passed without any problem. We have the emails from Homeland Security, and USCIS. We never meant to deceive anyone.

We wish you the best, and hope that you find the answers here on VJ. VJ members are very knowledgeable and we would never give out advice incorrectly, or purposely mislead you. Certainly, our situation is unique, and knowing what we know now, we certainly would have waited for the CRBA to go through before crossing the border into the USA.