Is Child a US Citizen if Born Overseas to a US Citizen parent?
Will your child get US Citizenship if they were born outside of the United States?
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[Question] "I'm a U.S. Citizen and I am pregnant but in another country. Will my baby
be able to have the U.S. Citizenship?"
It depends.
So the laws related to Citizenship through birth, or as a
child and you're born outside, are complex and they change over
time. But essentially, your type of case most likely, again,
you should consult with an Immigration attorney in private.
That's the appropriate thing to do about your case. But most
likely, as long as you live in the United States physically for
5 years and you can show it, and 2 or 3 of those
years are after the age of 14.
I can't remember the exact dates and time.
But that's 5 years, I think, 2 or 3 after the age of 14 minimum.
If you did that, your child, even if born overseas, automatically
acquires Citizenship at the time of birth. What you should
do is go to your local Embassy or Consulate, the U.S. Citizen
Services, and request a Consular Certificate of Birth
Abroad. Consular Registration of Birth Abroad.
CRBA - Consular Registration of Birth Abroad. I think that's
what a CRBA or something like that. You just do a search
on the Internet and
it'll come up. And that way, it's kind of like an additional
birth certificates, proof of their U.S. Citizenship. And you
also apply for their passport at the same time there, so that
they have it. Now, a really good thing to do once you have
that - it's a cheaper way to go, to do what I just said - get a passport,
the birth certificate, a Consular Birth Abroad Certificate,
You can look it up. But when you get to the United
States, you file Form
N-600. And Form N-600 is a Department of Homeland Security certification
that your child or that person is a U.S. Citizen.
It's very important to have, because out of like, say,
100,000 cases...
the State Department will issue passports to 100,000
people, the Department of Homeland Security which runs USCIS
Immigration Department, out of that 100,000,
they may not give to 5 of them.
They might not trust 5 of those and not get Citizenship.
So every once in a while, it's rare, but you'll find an Immigration
officer that won't accept the Citizenship and says
it's inappropriate.
So the sooner you file for the N-600, the better. It's kind
of expensive.
I think they're lowering the fee.
They're raising all the
fees, but I think for this one
they're lowering it. But I have to double-check. For the N-600,
you have to document the Physical Presence requirements, submit
that, and you get a Certificate of Citizenship.
It's really important for someone to have that. I would definitely
do that and have that with me.
But as you saw, there's a lot going on between the Embassy,
the Consular Record of Birth Abroad.
CRBA.
And then coming in for an N-600. Submit the proper paperwork.
That's why it's kind of important that you just go and consult with
an attorney in private to help you figure all that out, but
it is most likely possible.
But again, I don't know your situation.
I had a client who was born in the United States. As soon
as they were born, their parents took them outside the country
and never went back for 30 years. The person has had 4 kids by that
time. And they want to get passports for the children.
So, well, you never lived in the U.S. You didn't pass the Physical
Presence requirement.
You didn't live in the United States long enough.
So now we have to apply for Green Cards for your children.
And as soon as you enter the United States with those children,
the Green Cards - tada! - become Citizenship, as long as they
come before the age of 18.
I think it is.
It's complicated.
But so now we're in the process of getting them Green Cards to
come here. And once they're here, we're gonna apply for the
N-600, and also go to the local passport office to request
their passports. So you can get that. We can get that one quicker
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