What if you are US citizen but your child is born in another country and you failed applying for a Visa for your child? Will you still get in trouble when you finally apply? What should you do?
2007-12-03 16:17:31 · 9 answers · asked by downONonesLuck 2 in Politics & Government ➔ Immigration
no Fred S, unfortunately mom and child are in the USA. Which makes the Situation a bit more complicated. Because the travelers Visa the child used to enter the States is long expired.
2007-12-03 16:44:16 · update #1
Although the "citizenship by birth" rules have been complex, the February 2001 Child Citizenship Act (CCA) simplified the process. Now, a child who is under the age of 18, was born outside the U.S., and has at least one U.S. citizen parent automatically acquires U.S. citizenship upon entry into the country as an immigrant. No further paperwork is necessary. The parent may request a Certificate of Citizenship and U.S. Passport for the child if proof of the baby's American-ness is desired.
But this process only applies to children permanently residing in the U.S. If the child is under 18, was born outside the United States, but lives abroad in the physical and legal custody of a U.S. citizen parent or U.S. citizen grandparent, the parent or grandparent must apply for naturalization of the child. In addition, more criteria must be met.
2007-12-03 16:23:44 · answer #1 · answered by ☺☻☺☻☺☻ 6 · 3⤊ 1⤋
There would be a very good chance that your child is a U.S. citizen if you are, but a few more details are needed to be sure.
Where is the child now? Inside or outside the U.S.? If you're still outside the U.S., you should report the birth of the child to the closest U.S. consulate or embassy. They will determine if the child qualifies for U.S. citizenship at birth through the parent(s).
If you and the child are in the U.S., you should file form N-600 with USCIS on behalf of the child. They can make a formal decision as to whether or not your child qualified for U.S. citizenship at the time of his birth outside the U.S.
Submit the application to the USCIS Field Office with jurisdiction over your place of residence. Fee = $460.
It's not so expensive to get a Consular Report of Birth Abroad. There is a US $65 fee for the Report and a US $82 fee for the passport application for a total of US $147.
I hope you're still outside the U.S. It's less expensive that way.
2007-12-03 16:37:37 · answer #2 · answered by Fred S 7 · 2⤊ 1⤋
Citizenship through the parent(s) is not automatic. The parent through which citizenship is derived has to meet residency requirements. (Normally ten years, five of which after the age of 14)
You won't get in trouble.
Talk to US CBP in the country, or the US Consulate, ACS overseas.
2007-12-03 17:10:32 · answer #3 · answered by going_for_baroque 7 · 1⤊ 0⤋
Often, if the child was a minor when you became a citizen, but it depends on what year that happened. Go to uscis.gov and put 'derivitive citizenship' into the search bar.
2007-12-03 22:31:43 · answer #4 · answered by DAR 7 · 0⤊ 1⤋
A child born to a legal US citizen is a citizen no matter where they are born.
2007-12-03 16:35:01 · answer #5 · answered by Anonymous · 3⤊ 1⤋
They would only be a automatic citizen if they were born here. If they weren't then they aren't and they would have to apply for citizenship
2007-12-03 16:21:17 · answer #6 · answered by animal luver 5 · 1⤊ 3⤋
my sister was born in germany on a army base she was a citizen but i think my mom said she still had to get a visa for her to come here.
check out this link it will answer any question you may have.
http://travel.state.gov/family/adoption/info/info_456.html
http://en.wikipedia.org/wiki/United_States_nationality_law
2007-12-03 16:39:01 · answer #7 · answered by Alwaysright 5 · 1⤊ 3⤋
Only if that child was born in the U.S.
2007-12-03 16:59:51 · answer #8 · answered by LeighAnn D 5 · 0⤊ 3⤋
i think he is a resident
2007-12-03 16:20:06 · answer #9 · answered by Anonymous · 1⤊ 3⤋