Gaining US Citizenship Through Consular Birth

US Citizenship Through Consular Birth For Child Born Outside The US

Full Video Transcript

So you are a US citizen that gave birth abroad. What can you do? Well, the good news is that there’s Consular Birth. And so in this case, I want to share with you how this one family did it. It was extremely complicated for their reasons, and I’m going to explain everything, walk you through the whole steps so you can hopefully get your baby a US citizenship. Let’s go.

Hi, my name is Joseph. I’m the managing partner here at Tsang & Associates, where we solve legal problems with creative solutions. So the legal problem is that the US citizen father gave birth to a little baby girl, and the wife didn’t give birth in the US. And now the father wants to give the little daughter the regular US citizenship in China. 

Now there are a lot of things that make this case extremely difficult. He’s moved out of the US for many, many years. He comes here occasionally, maybe like a month a year. It’s very rare, right? Sometimes he doesn’t come for like 3, 4 years. On top of that, his name has changed multiple times. We had to comb through the entire FOIA record for him, and that’s like a 1,000 pages plus. Maybe you’re in the same situation. So let’s kind of go through the case.

From the moment of we filed, we dealt with the consulate on multiple steps with the request for evidence, went to the interview, and then it was approved. And it got the… So it took three months. In the grand scheme of things, it’s actually quite short, ’cause we’ve dealt with consular birth record stuff, and it took like six months or a year. But let’s go through the requirements.

First requirement: one or both of the parents at the time of the birth of the child, they have to be a US citizen. The second thing is the physical presence test for the parent. Okay, so this is just like the N-600K requirement with slight nuances. I’m just going to go with the most common one. After becoming a citizen, did you reside in the US for 5 years? 

In the N-600K video, I already explained a lot on why USCIS and the Congress requires that. But in short, if they don’t require the physical presence test, it will cause havoc on the entire US immigration world. 

In this case, the father has been a US citizen for, I think, 20 or 30 years. However, in the past, like 20, he’s rarely in the US. But for a period of time in the past, you know, 20, 30 years, he did live in the US for a significant amount of time, and he has all the tax records and stuff to prove it. Multiple businesses, in-and-out records. So there’s no doubt that if he adds those times up, he definitely did stay in the US for 5 years. But that is a very difficult thing to prove because the consulate will be like, “Well, you know, from the data bank that we have on file, you haven’t been in the US. It’s your burden to prove that you were in the US.” So we had to go through this crazy FOIA request, look through all his records with CBP, with USCIS. Highly tedious, not the most complicated thing in the world.

The third requirement is that the child must be genetically related to the parent. Unlike N-600 and other types of forms, you can’t petition adopted children to get them citizenship

And the applicant, which the child needs to be under 18. That’s the last requirement. Again, most of the cases that we do or we see, the child is between ages of 1 and 5. And if they are slightly older, they’re typically here in the US, and then we just do an adjustment of status. But if they are still there and they want to finish schooling directly, get the citizenship before coming to the US, totally doable. You just need to start early.

I think the most difficult part about doing cases like this is the family history and the reasoning behind every single decision because it’s not the clearest thing. Maybe one parent wants to do it, but the other parent doesn’t. So in this case, the wife is not a US citizen and doesn’t plan to be a US citizen. But does the mother want their child to be a US citizen, knowing that eventually they’re going to be apart? 

That’s a hard decision for a new mother to make a decision on, right? They literally just gave birth to this precious thing, and do they just make a decision, “Okay, you can be of a different nationality, and we might be separated.” That’s crazy. 

So lots of family discussion, lots of family planning. But the policy is straightforward, although it might not seem straightforward when you look at the website. The requirements are there. You just need to put the good paperwork together, tell your story, and the case can improve. So for anybody who struggles because they can’t find any information online, hopefully, this helps you. If you have any questions, feel free to reach out. Take care. Bye-bye.

 

We assisted our client in gaining US citizenship through consular birth for their newborn daughter who was born outside of the United States. There are several requirements that must be met for a child to be eligible for this citizenship process, which are similar to the N-600K requirements.

TIME FRAME

 

From the time we started working on the case to the citizenship approval, the case took 3 months. This is a shorter than average time frame as we have seen similar cases of consular birth take 6 months or even a year. So in this particular citizenship through consular birth, the time frame was 3 months.

 

BACKGROUND OF THIS CITIZENSHIP THROUGH CONSULAR BIRTH CASE

 

In this family the father was a US citizen who had not lived in the US for many years; however, his wife, was not a US citizen and she had given birth to their daughter outside the US. The father wanted to ensure that their child would have US citizenship status, so we were contacted to help with this consular birth case. 

 

Generally, a consular birth case has similar requirements to N-600k citizenship cases, so we needed to prove each of the requirements was met in order for this case to be successful.

CHALLENGES IN THIS CONSULAR BIRTH CASE

 

One of the greatest challenges was that the father, the US citizen, had not been living in the US for many years. In addition, his trips to the US were infrequent and at times he did not return to the US for 3 or even 4 years at a time. Because one of the requirements for a consular birth case is the physical presence test for the US citizen, we had to find evidence of residence in the US for at least five years. With the previous residence in the US taking place so long ago, finding and pulling all of this information together was a challenge.

 

Another challenge was the family decision. This family had to decide together, after just giving birth to a new daughter, did both parents wanted their daughter to have another citizenship, which could potentially mean that they would live apart in the future. This is a challenging decision for many families and isn’t necessarily a difficulty that we deal with in this case, but a difficulty for the family nonetheless.

 

KEYS TO SUCCESS

 

Diligence In Finding Residence Records

 

To prove the physical presence requirement for the father we had to dig through 1,000+ FOIA records. We had to do so to ensure we had the records, the tax documents, the CBP records, all the information to show that the father had lived in the US for at least five years after citizenship. It was a tedious task, but necessary to ensure the success of the case.

 

Proving All Consular Birth Requirements

 

For this case to be approved we also needed to meet and prove all other requirements. These include the child being under age 18, which was straightforward given that she had just been born. We had to prove genetic relationship to the father and we needed to also prove the father’s citizenship. After combing through all the FOIA records for the physical presence evidence. We were able to put together the remaining documents to support these other consular birth requirements to make the case.

 

CASE RESULT

This US citizenship case through consular birth was a success. We were able to secure citizenship for our client’s newborn daughter due to the diligence of our legal team in securing all the necessary records.

 

LAWYER COMMENTS ON THIS CITIZENSHIP THROUGH CONSULAR BIRTH CASE

 

In any family case like this, where one parent may be a citizen and the other is not, the family decides together to either go through with the citizenship process or not. The reasons behind the decision can also play a role in the case, so it’s always important to understand and learn from our clients to help tell their stories.

If you need assistance with citizenship, either through consular birth or another method, you can learn more about our US citizenship services, read more citizenship success stories, or contact us with any questions. We would love to help.

Original Content

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