U.S. Birth certificate - for child born abroad.?

Question

I am wondering why the U.S. consulate in Germany requires proof from the American parent as to the time spent in the U.S. after the age of 14, even though the parent was a U.S. Army dependent until 18? I was told that 2 years of living in the U.S. need to be proven. Why??? Could a birth certificate or passport be possibly be denied to a child born abroad? Doesn't time as a U.S. dependent count as time in the U.S., although stationed abroad?
Thank you for useful answers in advance.

I had been a U.S. military dependent until my 20th birthday. Doesn't this time count as being in the U.S.? (Also attended U.S. DoD schools until High school) If I am 6 months short of having lived in the U.S. 2yrs. after my 14th birthday, what will happen? No birth certificate for my child??

I had been a U.S. military dependent until my 20th birthday. Doesn't this time count as being in the U.S.? (Also attended U.S. DoD schools until High school) If I am 6 months short of having lived in the U.S. 2yrs. after my 14th birthday, what will happen? Will my child not receive a U.S. birth certificate??

Answer 1

People have given you a lot of information, but have not answered your actual question.

Time spent either serving in the US military or as a military dependent abroad DOES count toward the residency requirement for transmission of US citizenship. It says so very clearly in the INA (Immigration and Nationality Act) in section 301(g):

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date

Answer 2

Why? Because that has been the law since at least 1952. The parent needs to be a citizen who has spent 5 years in the U.S. 2 of them after age 14 or the kid takes the mother's citizenship. But do not despair if there is a problem. Your child can still get an IR visa to enter and become a citizen automatically upon arrival in the US or by naturalization.

I tell the story of the investigation of the wife of an officer about to be promoted to General, who was born to a rather prominent US military family stationed overseas. The investigation revealed that she had technically never been a citizen, though she had thought she was one (and carried a US passport) her entire life. She had to have a private bill passed to make her a citizen.

Answer 3

The immigration laws require that a parent born abroad demonstrate two years of residence in the U.S. before their 18th birthday. If they don't meet that requirement, then any child of theirs born abroad is considered to be stateless. I handled a sad case like this which involved the daughter of a U.S. civil servant who was born in Japan and never lived for two years or more in the U.S. The child she delivered was stateless and had to receive a stateless person certificate from the UN. The same sort of document issued to Palestinians in the Gaza strip.

Answer 4

If a child is born outside the U.S., the child is a U.S. citizen if all of the following are true:

1. One parent was a U.S. citizen at the time of the child's birth, and

2. The U.S. citizen parent lived at least 5 years in the U.S. before the child's birth, and

3. At least 2 of these 5 years living in the U.S. were after the U.S. citizen parent's 14th birthday.

Answer 5

If your parents are US citizens, regardless of where your mother gave birth to you, then you are a US citizen.

For example, One of my friends was born in Germany, Berlin, not the US, but he's still a US citizen because his dad was in the airforce at the time and both his mother and father are US citizens.

They call this a "birth aboard", thats the offical term the uscis usses. It's a common myth that you have to be born in the US only to be a US citizen by birth.

My friend by the way is in effect a German citizen also, he was born in Germany even tho he is recoqnized as a US citizen. He could goto the German consolate here and show his Birth certificate which is from Germany and easily get a German passport.

Nonetheless, I still suggest you contact an immigration lawyer because this is a pretty complex legal issue.

Answer 6

Well, was the birth registered with an American embassy or consulate? You could start by trying to get a copy of the Consular Report of Birth Abroad or CRBA, and ask the embassy of the country where the child was born how to get a replacement birth certificate. Or you could ask the US embassy in that country how to get one. Check out usembassy.state.gov for the website of every embassy and consulate worldwide. also check out travel.state.gov for the Country Specific Information which will give you contact information for all the foreign embassies in the US.

Answer 7

a child born to US citizen can and is a US citizen,
if the parents were stationned in another country? the child will still be an US citizen:
Citizens Born Abroad

Documentation of United States Citizens Born Abroad Who Acquire Citizenship At Birth
The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

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.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth