Children born outside of the US to Naturalized US Citizen

[cleverkat 0]

Let`s say, a naturalized US citizen gives a birth to a child overseas (not a military or such). What`s the legal US status for that child?

[YuAndDan 153]

US Citizen, birth needs to be registered at the nearest US consulate.

http://travel.state.gov/family/family_issu.../birth_593.html

[cleverkat 0]

US Citizen, birth needs to be registered at the nearest US consulate.

So, even if the parent and the child are palnning on staying in that country for several years, it won`t affect the child`s right to come to the US whenever? How about documentation for that child, meaning how that child can enter the US, I assume the Birth Certificate is not enough and applying for the US passport overseas is not the option? Correct me if I am wrong, please.

[YuAndDan 153]

US Citizen, birth needs to be registered at the nearest US consulate.

So, even if the parent and the child are palnning on staying in that country for several years, it won`t affect the child`s right to come to the US whenever? How about documentation for that child, meaning how that child can enter the US, I assume the Birth Certificate is not enough and applying for the US passport overseas is not the option? Correct me if I am wrong, please.

The US Citizen should at least maintain domicile and file IRS returns every year, this will make getting child US citizenship registered and a US passport issued by the consulate, and if spouse is a non-citizen, processing and approval of IR-1 visa painless through DCF.

The consulate will issue the child a US passport allowing travel to the USA, however the US Citizen must maintain domicile in the USA to apply.

Edited November 7, 2007 by YuAndDan

[tomnjas2 0]

US Citizen, birth needs to be registered at the nearest US consulate.

So, even if the parent and the child are palnning on staying in that country for several years, it won`t affect the child`s right to come to the US whenever? How about documentation for that child, meaning how that child can enter the US, I assume the Birth Certificate is not enough and applying for the US passport overseas is not the option? Correct me if I am wrong, please.

THE USC needs to obtain a Counsular Report of Birth Abroad and US Passport for the baby before you can bring the child to the US.

[Chris Parker 11]

The consulate will issue the child a US passport allowing travel to the USA, however the US Citizen must maintain domicile in the USA to apply.

Where did you find such a domicile requirement? U.S. citizens (including naturalized citizens) are not required to reside in the U.S. In 1995, Congress repealed the requirement that naturalized U.S. citizens intend to reside in the U.S.

[YuAndDan 153]

The consulate will issue the child a US passport allowing travel to the USA, however the US Citizen must maintain domicile in the USA to apply.

Where did you find such a domicile requirement? U.S. citizens (including naturalized citizens) are not required to reside in the U.S. In 1995, Congress repealed the requirement that naturalized U.S. citizens intend to reside in the U.S.

My meening has to do with "IF" Citizen's spouse is an LPR or foreign Citizen, remaining out of country for several years will probbably require the filing for a visa for the "Foreign" citizen to return to the USA, not the US Citizen.

Also in order to register the birth abroad:

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States. (Sounds like US Domicile to Me)

http://travel.state.gov/family/family_issu.../birth_593.html

[Chris Parker 11]

(4) affidavits of parent(s)’ residence and physical presence in the United States. (Sounds like US Domicile to Me)

That item relates to proving parent(s)' physical presence in the U.S. prior to the child's birth, to determine if the U.S. residence requirements for transmitting citizenship to the child at birth were met. In general, the parent had to reside in the U.S. for 5 years before the child was born, at least 2 years of which were after age 14 (and, there are exceptions to that, such as if the mother was the USC or for expedited naturalization of the child if there is a grandparent USC who did meet them instead). The paragraph does not in any way mean the USC needed to have (or maintain) a domicile in the U.S. at present time or even at the time of child's birth to qualify for transmitting citizenship.

Edited November 7, 2007 by Chris Parker