Is Your Child a Citizen?
- 1 US citizenship for your Philippine-born child.
- 2 But If One Parent is a US Citizen, Could The Child Also Be a US Citizen?
- 3 One Hidden Trap Some People Aren’t Aware Of:
- 4 Transmission of US Citizenship Always Requires Presence in the USA
- 5 If Both Parents are US Citizens:
- 6 If Only The Mother is the US Citizen and the Child is Born Out of Wedlock:
- 7 If One Parent is a US Citizen and One a Foreign National and the Child is Born In Wedlock (after 1986)
- 8 If The Parents are Not Married and the Father Is A US Citizen:
- 9 Now Here’s My Reader’s Problem
- 10 Houston, We Have a Problem. What Can My Reader Do?
- 11 Reliance on Physical Presence of Child’s U.S. Citizen Grandparent
(Updated 18 October 2019)
Here’s a comment I recently 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 …
But then many of you reading this may be Filipino citizens. Does that make any difference in the child’s citizenship acquired at birth (often called “birthright citizenship”?
Well yes, indeed it does. more citizenship information here
Before you click on the “More” link to read the rest of this article, remember one important caveat. I am not a lawyer, I can’t give legal advice and nothing I write here is to be considered legal advice. This is my own personal opinion based upon my own research.
Now, if you’d like to read on.
US citizenship for your Philippine-born child.
If a child is born anywhere in the world and one or both parents are Philippine citizens at the time of the child’s birth then the child qualifies for Philippine citizenship.
The Philippines does not follow the jus solis principle. You don’t become a Philippine citizen by being born on Philippine soil, you become a Philippine citizen through the blood of your parent … Jus sanguinis (The right of blood).
Register the child’s birth through the proper Philippine channels, there is no need for the child to “acquire or reacquire Philippines citizenship at a later date, he or she is a Filipino by birthright.
But If One Parent is a US Citizen, Could The Child Also Be a US Citizen?
Yes indeed, the child is most likely a US citizen by birth as well as a Philippine citizen. A dual citizen by birthright.
The USA also follows the principle of Jus sanguinis. Children born to one or both US parents are (almost always) US citizens, regardless of where in the world they are born.
Here are 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 because you can’t, as I have heard some misguided folks plan to do, somehow take your child to the USA at a later date and “get him or her a Birth Certificate”. The CRBA serves as aBirth Certificate for American Citizens born 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.
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 also.
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 because 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?