Where Have You Been All These Years — Is Your Child a Citizen?
Here’s a comment I just received that may interest a lot more readers than just the guy who made the comment. So I thought I’d take a few minutes and answer this reader’s questions in more detail, for the benefit of others who may pass by here as well.
The subject is something a lot of you out there have already dealt with, or will deal with, or have been wondering about …
US citizenship for your Philippine-born child.
- 0.1 US citizenship for your Philippine-born child.
- 0.2 One Hidden Trap Some People Aren’t Aware Of:
- 0.3 Transmission of US Citizenship Always Requires Presence in the USA
- 0.4 If Both Parents are US Citizens:
- 0.5 If Only The Mother is the US Citizen and the Child is Born Out of Wedlock:
- 0.6 If One Parent is a US Citizen and One a Foreign National and the Child is Born In Wedlock (after 1986)
- 0.7 If The Parents are Not Married and the Father Is A US Citizen:
- 0.8 Now Here’s My Reader’s Problem
- 0.9 Houston, We Have a Problem. What Can My Reader Do?
- 0.10 Reliance on Physical Presence of Child’s U.S. Citizen Grandparent
- 1 Related Posts
- 2 Readers who viewed this page, also viewed:
- 3 Share this Article:
Here’s the basics. If you are a US citizen and you are the father or mother of a child here in the Philippines, then (almost always) that child becomes a US Citizen, by birth. You should file, as soon as you can, for a Consular Report of Birth Abroad, and then get your child a US passport, Social Security number and the other “trappings” of US Citizenship.
This is important, becuase you can’t, as I have heard some misguided folks plan to do, somehow take your child to the USA at some time in the future and “get him or her a Birth Certificate”. The CRBA serves as aBirth Certificate for American Citizens brn overseas. It’s important. Get it done.
One Hidden Trap Some People Aren’t Aware Of:
Notice how in my first sentence in the paragraph above I put in the disclaimer (almost always)?
One of the basic rights of US citizens is the right to “transmit” their citizenship to their children. But, like many other rights we enjoy, there are a few requirements for this citizenship transmission that must be met.
TRANSMISSION – This is the ability of a U.S. citizen parent to transmit citizenship to their child. The U.S. citizen parent(s) must have been a U.S. citizen at the time of the child’s birth and must have accrued sufficient physical presence in the U.S. to transmit citizenship. The transmission requirements depend on the date of birth of the child and the legal relationship between the parents at the time of the birth of the child. See the Transmission Requirements for Citizenship. (in Filipino, here)
Transmission of US Citizenship Always Requires Presence in the USA
The transmission requirements can be quite complicated, but to hit the high spots:
If Both Parents are US Citizens:
A child born outside of the United States or its outlying possessions to two U.S. citizen parents is entitled to citizenship, provided that one of the parents, prior to the birth of the child, had been resident in the United States (the law does not specify a specific length of residence time.)
If Only The Mother is the US Citizen and the Child is Born Out of Wedlock:
A child born outside of the United States and out of wedlock to a U.S. Citizen mother is entitled to U.S. citizenship, provided the U.S. Citizen mother had been physically present in the United States for a continuous period of at least one year at some time prior to the birth of her child.
If One Parent is a US Citizen and One a Foreign National and the Child is Born In Wedlock (after 1986)
A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.
If The Parents are Not Married and the Father Is A US Citizen:
The same US presence rules apply: The U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.
Now Here’s My Reader’s Problem
I am a U.S citizen father of a 3 year old son whose CRBA application was just denied. These Embassy response was that I did not show enough evidence of the 5 year physical presence in the USA. How do I go about getting my 3 year old that was recently denied to get here at the earliest possible time and what options do I have of getting my son here soonest?
Houston, We Have a Problem. What Can My Reader Do?
Did You Do The Time?
My first question is, can you show a total time in the USA of five years, or not? This time does not have to be continuous, each and every day you were physically present in the USA counts. Also, if your dad was in the US military and you spent time overseas as a military dependent living with your dad, well that counts to.
You only have to come up with 1805 days inside the USA. Can you do that? If you can, the Embassy made an error in rejecting your son’s CBRA application, document your US time and file an appeal.
Or Did You Not Do The Time?
If the Embassy was correct in rejecting the CBRA application becuase you did NOT meet the US presence requirements, here’s a possible alternative. Can you rely upon your father (the child’s grandfather)?
Here’s Your Potential Solution:
If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death.
So I hope some of this has been of some help. Good luck on your quest.
So Where Have You Been All These Years — Is Your Child a Citizen?