What Happens if a Child is Born Abroad to a United States Citizen? | Learn About Law

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In this episode, we will explain the citizenship status for a #child #born #abroad based on the legal situation of the child’s family. Generally, there are five scenarios with regard to a child being born abroad and acquiring a Consular Report of Birth Abroad. For reference, In Wedlock refers to a child born to its genetic or gestational parents who are legally married at the time of birth or before 300 days of separation of the married parents due to death or divorce. Typically, both parents must also be considered the legal parents of the child at the time of birth under local law.
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16 сен 2024

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Комментарии : 88

@elizabethmiranda224 3 года назад

Birth abroad out of wedlock to an American father. Mother is German. They went to Mexico and as soon as they came back to US. They sent the mom and child back to Germany. We are trying to get them both back into the US. We need help.

@turhanruffin3201 3 года назад

My friend(mother), who is from East Africa, had a child out of wedlock to an American citizen(father). While she(mother) was here in USA on asylum pending a green card, the father obtained custody of the child and now the child is a citizen. She would like to know if her path to citizenship is easier due to her child's USA citizenship. The child is 7 years old and she became an USA Citizen in 2018.

@gasparcunha 3 года назад

Thanks to help people,i wish to see you more times.Great video.

@Learn-about-law 3 года назад

We hope so too, thanks for watching!

@CulinaryGuide 2 года назад

Wow. I'm glad I looked into this topic.

@Learn-about-law 2 года назад

Thanks! We hope this video was helpful!

@criessmiles3620 3 года назад

Good job Cheers

@ybangs7 3 года назад

Good morning can someone help me out I applied for my son who is born in the United Kingdom and all my paper work is good and they they want a social security transcript and I called the social security office and they said they don’t know what is a transcript. This is the only paper work they are asking for because they want to know if I’ve stayed in America for over 5 years but I’ve stayed here for more that 12 years. And I lost my old passport

@cloudwade 4 года назад

My son is a US citizen and i would like to bring him to the US so we can spend time with her mom, but im not a citizen how do i go about that? thanks

@Learn-about-law 4 года назад

Hi Cloud, thanks for your question. We only answer general questions online. If you would like to get into the specifics of your case, feel free to call us at (630) 324-6666 to set up a free consultation.

@fullchargefightgear 3 года назад

Hello and thank you for the video. I would appreciate some clarification on current law INA 301 (G). Could I email my question?

@Cryptomined 2 года назад

What needs to be done prior to taking a child under 5 out of china who was born in china to a US citizen (father) and Chinese citizen (Mother). Is there any exit permit / stamps that need to be issued by china to the childs passport (US passport acquired within China, child has not been out of China). Does the childs Chinese passport (if they have one) and citizenship need to be cancelled prior to trying to exit throgh Chinese immigration/customs? Thank you

@Learn-about-law 2 года назад

Thanks for your question. We have an article that discusses your question more in depth, https;//www.oflaherty-law.com/learn-about-law/what-happens-if-a-child-is-born-abroad-to-a-united-states-citizen. We hope this helps.

@fullchargefightgear 3 года назад

So here's my question I'm a US citizen and my wife is an alien. I grew up in the United States and I live there until the age of 46. I have been living in my wife's country of Brazil for 5 years. We had a son in 2019 but because of coronavirus we have not gone to the consulates to do the birth abroad certification. So my question is this, do I meet the requirements for residency prior to the birth of a child under section 301g of the INA? To reiterate I was born in America and lived there until I was 46 years old and I have been living in Brazil for 5 years (uninterrupted) and my son was born in 2019 here in Brazil

@guineamusketeersofficial7628 2 года назад

Technically you’re child would be a US citizen because you were born in America. You just have to provide documentation that proves you were born in US also check with the US Embassy what requirements are needed from you.

@reyn8262 2 года назад

Did you ever get any information on this. I will soon be in a very similar situation here in Brazil.

@travelinghobo Год назад

In the Philippines: Things I don't understand. In order to let the US embassy know of our daughter's birth...they say to let them know as soon as possible. Only a PSA birth cert is acceptable. However, PSA says it takes at least 6 months from the time the birth has been transmitted from the Local Civil Registrar to the PSA. (she was born 2 Dec 2022.). The only link I can find for the CRBA application appointment is in Cebu, and according to their website scheduling, nothing is available until 2024 at the earliest. My goodness...how many babies were actually born to American citizens??

@chieclatinhyeu1988 4 года назад

Dear. I have a question. As i am U.S citizen, have kid with my girlfriend (not legally married yet) abroad. Is my child a U.S citizen? Thank

@Learn-about-law 4 года назад

Hi Peter, here's an article that explains more about children being born abroad - www.oflaherty-law.com/learn-about-law/what-happens-if-a-child-is-born-abroad-to-a-united-states-citizen. Hope this helps!

@mrshusnain4471 3 года назад

Peter Tran I have same question if u know the answer plZ share with me ?

@chieclatinhyeu1988 3 года назад

@@mrshusnain4471 type "birth abroad out-of-wedlock to a u.s. citizen father" to Google and read. Your child should be U.S citizen (from my understanding after reading it".

@unapologeticdida 3 года назад

Yes the child is a citizen

@greekmom343 3 года назад

I was given us citizenship from my mother and I was born in Greece. I want to give to my children born in Greece. I haven't lived in the USA other than my 4 years in college but not full tears as I returned to Greece in the summer's. What can I do?

@loganvillanueva1276 3 года назад

I was born in Germany in 1995 on military base. Is there any chance of I could obtain a dual citizenship at this point?

@duglasmontes5540 2 года назад

I was born in the United States to a US citizen and a Alien from Honduras,C.A. I was brought to live in Honduras at the age of 5yso and stayed in Honduras illegally until I was 23 years old. I did not study in the United States befor or after 14. I had a honduran daughter at the age of 21. I have been told by US oficials that I don’t have the right to bring my own daughter to the United States. I have been living and working in the US the past 4 years. How can I bring my now 13 year old daughter and or how can she become a US citizen like her father. Please give me answers. Thank you.

@loxorazrenovation9356 4 года назад

Hi i was legally married then divorced with a US citzen and i have 1 child with him.the father refuse to signe the parental consent form.i have documents proving the marriage ,divorced then the birth of our child.would that be possible to ask for the US citezenchip?

@unapologeticdida 3 года назад

They will ask for DNA test,that will prove he is the father and the child will be registered

@sameerdada840 2 года назад

Thanks for your helpful video. Wondering if my 5 years was only 4.5 years till child was born abroad. Can I live in the US for 6 months and then apply or not because child is already born? And if no, would it be possible to apply in the US and bring my child here on a tourist visa? Would it be easier if I get a job and start living in the US again? Would that be more straight forward and quicker?

@HiwotWolde-b7h Месяц назад

Hi tax return supported by 1099 doc and passport stamps is enough for providing physical presence in USA before baby’s birth??? Thank u in advance 😊

@catherinegitari7948 6 месяцев назад

What to do am in Kenya Africa i was denied visit visa and my baby has an american passport and crba?

@leesnider1484 Год назад

My daughter was born in Germany while I was in the military. How does she get a legal copy of her birth certificate or report of birth abroad?

@kennethrobinson8369 3 года назад

I was born in the United states came to Jamaica as a child never went back ,got married have a child he is now 25years can I file to go to United states now.?

@Learn-about-law 3 года назад

Hi Vincent, thanks for your question. Here's an article that you may find helpful - www.oflaherty-law.com/learn-about-law/what-happens-if-a-child-is-born-abroad-to-a-united-states-citizen.

@thetraveller3956 19 дней назад

Can I apply CRBA for my son without knowing the mother?

@Learn-about-law 19 дней назад

Hi, thetraveller3956! Thank you for reaching out with your question. Under U.S. law, a CRBA is issued to a child born abroad to a U.S. citizen parent or parents who meet the necessary physical presence requirements in the United States before the child's birth. The application process generally requires information and documentation from both parents to establish the child's citizenship and the relationship between the U.S. citizen parent and the child. Key Considerations: Parentage and Relationship Proof: The CRBA application requires evidence that the U.S. citizen parent is the biological parent of the child. This typically involves providing documentation such as the child’s birth certificate, the U.S. citizen parent's passport, and, in some cases, additional proof like a DNA test. Mother's Information: If you do not have information about the mother, it may complicate the application process. The U.S. Department of State may require documentation or evidence regarding the circumstances of the child's birth and the relationship between the child and the U.S. citizen parent. In situations where the mother is unknown or unavailable, additional steps may be needed, such as establishing paternity through a court order or DNA testing, depending on the case's specifics. Next Steps: Document Collection: Start by gathering all relevant documents that can support your claim as the biological father and U.S. citizen parent, such as your passport, the child's birth certificate, and any other evidence that might establish your relationship with your son. Legal Advice: Given the complexities of your situation, I strongly recommend consulting with an immigration attorney who can provide legal advice tailored to your specific circumstances. They can assist with navigating the application process and addressing any potential challenges related to the mother's unknown identity. Please note that this response is intended for informational purposes only and does not constitute legal advice. Additionally, this communication does not create an attorney-client relationship. Should you require legal representation or specific advice, feel free to reach out to us at 630.324.6666.

@idkwhoooo 3 года назад

What happens if both parents are US citizens but are not married and have a child abroad?

@Mecduhall91 2 года назад

Then the child is American….

@alwaysright237 4 года назад

Is it considered a default allocation of majority parenting time to an unwed mother but father has signed the v.a.p.?

@Learn-about-law 4 года назад

Thanks for your question! Here's an article about child custody that you might find useful: www.oflaherty-law.com/learn-about-law/illinois-parenting-laws-2019-illinois-child-custody-2019

@sofigebre7082 4 года назад

My husban have usa citizen we have child born in sudan .what iwant to ask, we are eritreans and our country is included in the new travel ban so can the travel ban affect for appling citizen for my baby

@Learn-about-law 4 года назад

Hi Sofi, thanks for your comment. We are not able to offer legal consultations online, but if you would like to get into the specifics of your case, please feel free to contact us at (630)324-6666 to schedule a free consultation. At this time, we are opening up virtual meeting options to minimize risks to our clients.

@anastaciolopez6259 7 месяцев назад

My cousin is US Citizen by birth. However, his dad did not apply him for report of birth, and his dad died. He is now 25 yrs old. Can my cousin still apply for report of birth or US Citizen now that he is over 18yrs old.

@Learn-about-law 7 месяцев назад

Hi Anastacio! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!

@lafaea8543 Год назад

What about two US citizens who are not married but both are citizens?

@Learn-about-law Год назад

Thanks for reaching out to us. We are unable to advise you online. If you give us a call at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will get in touch with you to discuss this further.

@devdocd3228 4 года назад

Hey there I was concerned about a question for a long time now, and I was wondering if you guys can help me out with that? So I've never been to the united states of America before even though I have a naturalized father, he became a US citizen when I was like 15-16 years of age or so, and now I'm 22 years old. The question is, can I be a US naturalized citizen throughout my father as well? thank you.

@Learn-about-law 4 года назад

Thanks for your comment, Jansiz. If you would like to get into the specifics of your case, please feel free to contact us at (630)324-6666 to schedule a consultation.

@nalu808girl1 4 года назад

What happens if I give birth in the US and my husband is waiting for his spousal visa and I put him on the birth verticale as the father? Will I need him in person to get our son a passport so we can visit him in Europe? Is it better to leave my sons birth certificate blank until my husbands spousal visa comes through?

@alondracarrillo6546 Год назад

Hi, what did you end up doing?

@nalu808girl1 Год назад

@@alondracarrillo6546 I ended up having my baby in the US and put my husband on the BC. He joined us a year later when Covid opened the boarders but we visited him in his home country until his visa was approved

@alondracarrillo6546 Год назад

Thank you for your reply I know it can be/is a sensitive topic. Hope you and your little family are doing well!

@jonhatch3547 3 года назад

I'm an American citizen I'm the father I ended up having a baby with my girlfriend which is a Mexican citizen how do I go about getting my daughter papers she is 3 months old me and the mother are talking about marriage but we don't want to rush into it just to get the baby papers by marriage we wanted to get the papers for the baby just in case something ever happens that we don't get married, I was here in Mexico when my daughter was bornI was at the hospital I am on all the paperwork they took photos of my passport and everything how do I go about getting my daughter a social security card number for the United States just cuz she was born in another country should not mean she could not get citizenship I am the father and I am an American citizen and the rest of my family is in America you can't judge somebody citizenship off of who you fall in love with

@Crimsonlee2XX 3 года назад

Not sure if this will be answered here but I'm a father of a 1 year old son born out of wedlock in Uganda. Me and my fiancee have filed an I-129F visa petition. Our case has moved forward after the Covid lockdowns and is going smoothly and I'm working on citizenship for our son. One form I need to fill out and notarize is a DS-5507 Affidavit of Physical Presence or Residence parentage and Support form. Where and who can notarize this for me? Can I make a passport appointment at a post office and have the passport specialist stamp and sign the DS-5507 form?

@Learn-about-law 3 года назад

Hi, thanks so much for reaching out. We cannot offer specific advice pertaining to your case online, but if you give us a call at 630-324-6666 we can get you in contact with our immigration attorney and hopefully answer some of your questions.

@samuellove4376 Год назад

My child born in tunisia but we are not married she is my fiancé and I don’t have the official birth certificate so the court wrote a letter stating the official birth certificate is in process . Will the embassy Accept?

@dibblackbird Год назад

So who would I need to talk to if I'm over 18 now and was born in Mexico. I just recently found my mother and we are doing a DNA test. She was a US citizen when I was born and lived in the US prior to my birth I've never been registered so we are trying to fix my identification now

@ricarbo. 4 года назад

would that child be able to become president? (2nd scenario)

@TheDukens90 3 года назад

Most be born in USA To become a president

@georgealvitesacker8113 3 года назад

I'm a US citizen. I was born in the US and live there until I was almost 5 years old (so I haven't lived in the US after I was 14 years old). My wife is not a US citizen and we have a 19 months baby. We currently live in Peru and I would like to go back to live to the US. Is there a way to ask the US citizenship for my baby? If it's possible, which will be the procedure, please?

@Learn-about-law 3 года назад

Hi George, thanks for reaching out. We have an article about ways that you can gain citizenship that you might find helpful - www.oflaherty-law.com/learn-about-law/who-gains-us-citizenship-at-birth. If you would like individualized help on your case, please give us a call at 630-324-6666 to get in touch with one of our skilled immigration attorneys.

@giovannaalmeidadavis484 3 года назад

Hi !! I was born in Brazil, but I’m the daughter of an American, however my parents never knew about this document, today I am 18 years old and I would like to know how I can get the consular register of birth aboard or if there is another way to get my dual nationality By the law.Help me 🙏🏽

@Learn-about-law 3 года назад

Hi Giovanna. Please give us a call at (630) 324-6666 to get in touch with one of our immigration and naturalization attorneys.

@soyyo981 3 года назад

which form do i file if my daughter is 19 and lives in mexico

@giovannaalmeidadavis484 3 года назад

I have the same doubt !!

@danidani7455 2 года назад

Hi, I'm US citizen My kids they were born in Canada and I didn't report for the US consular office when they were born. They are here in the US right now so how can I apply a citizenship and US passport? They are under the age of 16. Thank you.

@Learn-about-law 2 года назад

Hi Dani, thanks for your question. We have an article that may provide you with more insight on your situation: www.oflaherty-law.com/learn-about-law/what-happens-if-a-child-is-born-abroad-to-a-united-states-citizen. If you still have questions, please give us a call at (630)-324-6666.

@devan5521 Год назад

what if the child is above 18 years old in wedlock of US father and alien

@Italy4152 4 года назад

I have a child born abroad in April. They live in Sweden we have already completed the k1 and k2 visa and have been approved. Due to he virus I’m scared we will not be able to get them here before visa runs out in August 25th. I am the father and I live in USA I was unable to sign birth certificate because I was unable to be there . I don’t know what to do. We made it this far and I fear I messed up everything at this point. I seen they have an emergency passport as well for Sweden . Trying to get in contact by email with them currently.

@Learn-about-law 4 года назад

Hi, thanks for your question. We're sorry to hear about your situation, but we have an article about children born abroad that might give you more info about your situation - www.oflaherty-law.com/learn-about-law/what-happens-if-a-child-is-born-abroad-to-a-united-states-citizen. Hope this helps!

@emmyloumanaka9174 4 года назад

Hi my dad is a american citizen and my mom is a filipina, and I was born here in the Philippines. My question is, can I claim my citizenship by blood? And how can I claim it? Since my dad died in the line of duty at the air force.

@Learn-about-law 4 года назад

Hi Emmy, thanks for your questions. Our attorneys wrote an article addressing your question that you can find here - www.oflaherty-law.com/learn-about-law/can-i-claim-u-s-citizenship-by-blood. We hope this helps!

@87doctorevil 3 года назад

I have a difficult scenario for you. My wife’s niece was born to a US citizen father and he was in the process of submitting the paperwork to get her citizenship finished when he was killed in Colombia. She is now 19 years old and her father has been dead for several years. Is there any way for her to apply for citizenship based on her citizen father who has passed away or is she too old to qualify.

@MegaShredder101 Год назад

I know this is late but sorry for your loss. This makes me not want to touch Colombia with a 10 foot pole.

@Shreddedcheeze1 3 года назад

So I was born in belgium my dad was in the u s army and my mom was a belgium citizen. But I was born a us citizen I have a us birth certificate but it very clearly says birth location xelles belgium

@Learn-about-law 3 года назад

Hi, thanks for reaching out. We have an article about ways that you can gain citizenship that you might find helpful - www.oflaherty-law.com/learn-about-law/who-gains-us-citizenship-at-birth. If you would like individualized help on your case, please give us a call at 630-324-6666 to get in touch with one of our skilled immigration attorneys.

@starbuzz5298 4 года назад

Hi, I have a question regarding about if I am a United States Citizens or not. My dad became a United States Citizens on June 23, 1999. At that time I was still in Philippines. I got my permanent resident on February 10, 2003. Both my parents got married before I was 18 years old. I wanted to know if I am citizens or not? Because when I applied for my citizenship it says I might be already be a citizenships because of my dad who is united state citizens. I already paid for my N-400 form for becoming citizens. Please help.

@evilvit08 3 года назад

same po tau ng case pwd po ba malaman ang sagot pra po my idea ako

@nickbaldassarre9321 Год назад

What can a bolivian citizen do for baby from a U.S. citizen who denies the bby

@TheEdgar103080 4 года назад

Hy question, I'm us citizen married my wife has two daughters. Now they have my last name (step daughter) can they apply for birth certificate abroad..thank you

@Learn-about-law 4 года назад

Thanks for your comment, Edgar. We would love to help you with the specifics of your situation, but we cannot offer legal advice online. If you would like to get into the specifics of your case, please feel free to contact us at (630)324-6666 to schedule a consultation.

@girliepaciente7621 3 года назад

Good day.. I lived here in philippines.. I met a guy but we are not married.. We have 3 kids.. but only the eldest and my 2nd child he honor.. And he signed the birth certificate of our 2 children.. He lived here in the philippines for almost 25 years.. And he never get back to the US. sadly, he died 5 years ago.. We dont have any contacts of his family in the US.. Can my children could have the benefit to go aboad? Please help me.. Godbless..

@MrsArce15 2 года назад

My daughters father wanted to claim her as his child. Now we live in the philippines and we don’t know what to do so they can be reunited. My husband doesn’t know that we had a kid until I told him the truth last year. any advise you can give so we can move forward with my daughter case? My daughter is 8 years old and I let her use my last name. Thanks in advance if anyone here might help me, that would be much appreciated

@OpalynjoyTanazana-mt9fm Год назад

We have thesame case but my kids now both citizen

@botubeful 2 года назад

What happens you do not file a Consular Report of Birth Abroad? Are they going to be considered as a U.S citizen? Are they able to travel to U.S with a foreign passport? Are they subjected to FATCA report rule and U.S. Tax?

@edwarddavila9925 2 года назад

two complicated, you should simplify it. I am a veteran, retired and a naturalize citizen since 1965. I moved to the Philippines 5 years ago with my child who was born overseas. Can he receive dependent retirement benefits?