Canadian new-born of a USC

[tapas777 0]

Hi everyone,

My wife is an American citizen - naturalized in 2002 (and did not live there for 5 years; 2 of which when she was over 14 years old).

I am a green card holder.

We r temporarily living in Canada as I am working on a project. We r expecting a child in Oct 2012. Can our child get green card upon admission at Port of entry?

Thanks

[Thomas&Cleofe 358]

Hi everyone,

My wife is an American citizen - naturalized in 2002 (and did not live there for 5 years; 2 of which when she was over 14 years old).

I am a green card holder.

We r temporarily living in Canada as I am working on a project. We r expecting a child in Oct 2012. Can our child get green card upon admission at Port of entry?

Thanks

Your child is eligible for US citizenship upon birth

[evelyn1140 18]

Hi everyone,

My wife is an American citizen - naturalized in 2002 (and did not live there for 5 years; 2 of which when she was over 14 years old).

I am a green card holder.

We r temporarily living in Canada as I am working on a project. We r expecting a child in Oct 2012. Can our child get green card upon admission at Port of entry?

Thanks

The baby becomes an American citizen.Contact the American embassy in Canada

Edited April 15, 2012 by evelyn1140

[X Factor 1,112]

This was posted twice

[tapas777 0]

thx guys. as i previously mentioned, my wife did not live in usa for 5 years ( 2 of which when she was over 14 years old). that is why the baby is not eligible for an immediate us citizenship.

This was posted twice

[Inky 1,110]

thx guys. as i previously mentioned, my wife did not live in usa for 5 years ( 2 of which when she was over 14 years old). that is why the baby is not eligible for an immediate us citizenship.

If the baby is not able to have US citizenship on birth then you must file a petition for it when its born and wait it out. You cannot just show up at the border and get a green card.

[tapas777 0]

is the child eligible for us citizenship upon birth?

If the baby is not able to have US citizenship on birth then you must file a petition for it when its born and wait it out. You cannot just show up at the border and get a green card.

[Inky 1,110]

is the child eligible for us citizenship upon birth?

You just said already that it wasn't? Is the child or not ?

[tapas777 0]

I mean if my wife is a US citizen and I am a GC holder.

You just said already that it wasn't? Is the child or not ?

[Inky 1,110]

I mean if my wife is a US citizen and I am a GC holder.

Ok so you don't know if the baby qualified or not then?

Read the website with the qualification rules and you should be able to find out if the baby qualified for US citizenship or not. http://canada.usembassy.gov/consular_services/birth-abroad.html

[unlockingsky 94]

if you are still not clear after reading the guides on this website, i suggest you to visit your local embassy as they can provide more direct answers.

[aaron2020 11,651]

Hi everyone,

My wife is an American citizen - naturalized in 2002 (and did not live there for 5 years; 2 of which when she was over 14 years old).

I am a green card holder.

We r temporarily living in Canada as I am working on a project. We r expecting a child in Oct 2012. Can our child get green card upon admission at Port of entry?

Thanks

thx guys. as i previously mentioned, my wife did not live in usa for 5 years ( 2 of which when she was over 14 years old). that is why the baby is not eligible for an immediate us citizenship.

is the child eligible for us citizenship upon birth?

Your wife does not meet the residency/physical presence requirement to pass US citizenship on to your child.

Inky gave you the correct information. Your child cannot just show up at the POE for a green card.

A US citizen who wants to petition a non-citizen unmarried child under age 21 must file an I-130 and ultimately apply for a green card while outside the US. Once the child enters the US on the immigrant visa, the child automatically becomes a US citizen.

[VanessaTony 3,567]

A US citizen who wants to petition a non-citizen unmarried child under age 21 must file an I-130 and ultimately apply for a green card while outside the US. Once the child enters the US on the immigrant visa, the child automatically becomes a US citizen.

Re the bolded section... Yes and no. Yes but they don't just go on their merry way claiming the child as a USC. They need to file an N-600 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ) to get the child a certificate of citizenship to get the citizenship recognised. THEN it's all fine and dandy.

.

[aaron2020 11,651]

Re the bolded section... Yes and no. Yes but they don't just go on their merry way claiming the child as a USC. They need to file an N-600 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ) to get the child a certificate of citizenship to get the citizenship recognised. THEN it's all fine and dandy.

.

Absolutely wrong. The child does not need to get a Certificate of Citizenship to get the citizenship recognized.

Derivative citizenship under the Child Citizenship Act is automatic when all four requirements are met and requires no action by the parent or child.

Getting a US passport for the child is sufficient proof of US citizenship. Getting the passport is not an application to get it recognized because US citizenship is automatic under the CCA. The passport is merely proof as the automatic citizenship does not require the new US citizen to do anything.

A Certificate of Citizenship is a waste of $600. The US passport is sufficient for proof of US citizenship.

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http://travel.state.gov/law/citizenship/citizenship_5200.html#6

Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act

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Overview

Section 320: Automatic Acquisition of U.S. Citizenship for Children Born Outside of the United States and Residing Permanently in the United States

What Is the Effective Date of the Child Citizenship Act?

What Happens When the Child Is Adopted in the United States?

How Does a Child Show Lawful Permanent Residence?

Must the Child Get a Certificate of Citizenship?

How Does the Child Get a Passport Under the Child Citizenship Act?

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

Section 322: Children Born and Residing Outside of the United States: Conditions for Acquiring Certificate of Citizenship

Who May File the N-600K Form?

May the N-600K Form be Filed from Overseas?

When does the Child Does Acquire U.S. Citizenship Under Section 322?

Overview

The Child Citizenship Act of 2000, which became effective on February 27, 2001, serves to facilitate the acquisition of U.S. citizenship of the foreign-born children of U.S. citizens – both biological and adopted – who did not acquire citizenship at birth. This act amended the provisions of Sections 320 and 322 of the Immigration and Nationality Act.

Section 320: Automatic Acquisition of U.S. Citizenship for Children Born Outside of the United States and Residing Permanently in the United States

The child must meet the following requirements:

Have at least one U.S. citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the U.S. citizen parent;

Be admitted as an immigrant for lawful permanent residence; and

If the child is an orphan, the adoption must be final. If the adoption must be finalized in the United States, citizenship is acquired when the adoption is finalized.

What Is the Effective Date of the Child Citizenship Act?

The effective date of the Child Citizenship Act is February 27, 2001. Children who met the requirements of amended Section 320 on that date automatically became American citizens. Children who were 18 years of age or older on that date are not eligible to take advantage of the Child Citizenship Act. They may, however, have acquired U.S. citizenship in accordance with the provisions of the Immigration and Nationality Act that the Child Citizenship Act superseded. Questions regarding these provisions may be directed to the consular sections of U.S. embassies and consulates abroad. In addition, questions may also be e-mailed to ASKPRI@state.gov.

What Happens When the Child is Adopted in the United States?

A child who enters the United States on an IR4 visa (to be adopted in the United States) will only acquire U.S. citizenship when the adoption is full and final in the United States.

How Does a Child Show Lawful Permanent Residence?

A child who has lawful permanent residence (LPR status) will have a permanent resident card (green card). Another way to show LPR status is the I-551 stamp in the child's passport. This stamp shows that the child has entered the United States on an immigrant visa and/or has been admitted as a lawful permanent resident.

Must the Child Get a Certificate of Citizenship?

A child who has acquired U.S. citizenship in accordance with Section 320 of the Immigration and Nationality Act does not have to obtain a Certificate of Citizenship in order to be considered a U.S. citizen; however, if you want to obtain such a certificate, you need to submit a completed N-600 form (Application for Certificate of Citizenship) and the requisite filing fee to any Field Office of the Bureau of Citizenship and Immigration Services of the Department of Homeland Security. The form may be obtained by going to www.uscis.gov/portal/site/uscis/menuitem and entering N-600 in the search box.

How Does the Child Get a Passport Under the Child Citizenship Act?

You will need the following when the child applies for a passport:

Proof of the child's relationship to the U.S. citizen parent. For the biological child of the U.S. citizen this will usually be a certified copy of the foreign birth certificate (and translation if not in English). In circumstances where it is not clear that the birth certificate is adequate proof of a biological relationship between the child and the U.S. citizen parent, other types of evidence, including medical and/or DNA tests, may be required. For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

The I-551 stamp endorsed in the child's foreign passport showing that the Bureau of Citizenship and Immigration Services admitted the child for lawful permanent residence , or the child's permanent resident card (green card);

Proof of identity of the U.S. citizen parent(s)

Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired U.S. citizenship at birth can get a birth certificate from an embassy or consulate. A child who acquires U.S. citizenship in accordance with the provisions of the Child Citizenship Act of 2000 is deemed to be a naturalized U.S. citizen.

[aaron2020 11,651]

http://travel.state.gov/passport/get/first/first_826.html

FACT SHEET

Child Citizenship Act Of 2000

3. Q: Will a child who has met the requirements of this new law need to apply for a passport from the State Department or a Certificate of Citizenship from the Immigration and Naturalization Service (INS) in order to become a citizen?

A: No. As soon as the law''s requirements have been met, the child acquires U.S. citizenship automatically without the need to apply for either a passport or a Certificate of Citizenship.

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Even though the child automatically derive US citizenship under the CCA, it is extremely import to get the child at least a US passport. The US passport is proof of US citizenship.

For example; A child meets all the requirements of the CCA. Child never gets a US passport or Certificate of Citizenship. Child leaves the US after 20 years in the US, and reside outside the US for 5 years. Child attempts to fly home, but has no proof of US citizenship. Opps. Child must now provide proof that he met all four requirements of the CCA before he can apply for a US passport to return to the US.

Edited April 16, 2012 by aaron2020