Child Birth In another country

[Fanguy 10]

I recently became US citizen and my girlfriend is pregnant with our child in the UK. Will my child becomes automatic citizen when he or she is born? I recently heard Trump administration wanna or have cancelled it.If yes how should I go about it.  

[Just Paul 4,595]

To qualify for citizenship automatically at birth:

A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen. 

 

 

A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen.

In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until he/she reaches the age of 18 years old.

 

41 minutes ago, Fanguy said:

I recently heard Trump administration wanna or have cancelled it.If yes how should I go about it.  

You heard wrong.

 

You can file an I-130 for the child and it will become a citizen upon arrival.

[SusieQQQ 11,586]

5 minutes ago, Paul & Mary said:

To qualify for citizenship automatically at birth:

A child born outside of the United States and in wedlock to a U.S. citizen parent and a non U.S. citizen parent, may acquire U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions for a period of five years, two of which were after the age of fourteen. 

 

 

A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen.

In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until he/she reaches the age of 18 years old.

 

You heard wrong.

 

You can file an I-130 for the child and it will become a citizen upon arrival.

I130? Not CRBA?  The extract you quoted says child becomes citizen automatically at birth.  Or does the out of wedlock add an extra step?

Edited December 22, 2019 by SusieQQQ

[Fanguy 10]

Thanks for the information and does it means if am physically present when the child is born doesn’t qualify for automatic citizenship unless I will be in the US when he is born, if I understand u well

[Just Paul 4,595]

57 minutes ago, SusieQQQ said:

I130? Not CRBA?  The extract you quoted says child becomes citizen automatically at birth.  Or does the out of wedlock add an extra step?

Father just "recently" became a citizen.  

30 minutes ago, Fanguy said:

Thanks for the information and does it means if am physically present when the child is born doesn’t qualify for automatic citizenship unless I will be in the US when he is born, if I understand u well

If you have 5 years of presence in the US your child will be a citizen.  I'm not quite sure that has to be as a citizen because the Dept of  State just says "phyically present".  Hopefully someone can clear that up.

 

If you can't do CRBA you can do an I-130 and once that is approved do a I-864w at the NVC.

[geowrian 22,337]

1 hour ago, Paul & Mary said:

Father just "recently" became a citizen.  

If you have 5 years of presence in the US your child will be a citizen.  I'm not quite sure that has to be as a citizen because the Dept of  State just says "phyically present".  Hopefully someone can clear that up.

It's 5 years total in any capacity, not 5 years as a USC.

Edited December 22, 2019 by geowrian

[SusieQQQ 11,586]

3 hours ago, Paul & Mary said:

Father just "recently" became a citizen.  

If you have 5 years of presence in the US your child will be a citizen.  I'm not quite sure that has to be as a citizen because the Dept of  State just says "phyically present".  Hopefully someone can clear that up.

 

 

 

2 hours ago, geowrian said:

It's 5 years total in any capacity, not 5 years as a USC.

^^ this. The fact that he recently became a citizen (and not via a USC spouse)  points to almost certainly having fulfilled the residence requirements just through the 5 year rule for naturalization. 

 

 

It may be worth marrying the girlfriend before the birth so that there is less complication with CRBA? 

Edited December 23, 2019 by SusieQQQ

[little immigrant 801]

17 hours ago, geowrian said:

It's 5 years total in any capacity, not 5 years as a USC.

Does an overstayed tourist visa count? Overstay was forgiven after a green card was received. 

[SusieQQQ 11,586]

13 minutes ago, little immigrant said:

Does an overstayed tourist visa count? Overstay was forgiven after a green card was received. 

That’s an interesting question. One would hope people do not get further rewarded for breaking the law.

[geowrian 22,337]

20 minutes ago, little immigrant said:

Does an overstayed tourist visa count? Overstay was forgiven after a green card was received. 

My understanding is yes. Any physical presence - legal or otherwise - counts. The USCIS policy manual (and underlying INA) provides no qualifiers regarding the physical presence. Barring evidence to the contrary (I can't prove a negative), no qualifiers exist.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Quote

C. Physical Presence of the U.S. Citizen Parent or Grandparent ^[7]

1. Physical Presence of Child’s U.S. Citizen Parent

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

 

Edited December 23, 2019 by geowrian

[Fanguy 10]

Thanks very much for the information. I have been here for six years now since I got my green card. So when the child is born can I apply for a birth certificate and the passport  for him at the Embassy in the foreign country ?