Would my son consider as a citizen of U.S?
Answer:
Sorry, I may have read this wrong. You are having the child in Japan? Check with uscis.gov If both parents were American citizens the child would certainly be American and you would just need to file. If only one parent is, and particularly if you are not married to that parent, you had better check.
He will not be a Japanese citizen but he will be an American citizen. You will need to register the overseas birth. Congrats.
The birth of a child abroad to a U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. embassy or consulate to establish an official record of the child's claim to U.S. citizenship at birth.
Your baby will be a US citizen, but make sure you properly record the birth. That may involve contacting the embassy and seeing what you need to do to get your baby a birth certificate and passport. It would be best to find out that information before the baby is born.
Unless your son is born on American soil then the baby won't be considered an American citizen unless one of you are in the military and the baby is born on a military base in any foreign country that it is considered American soil.
A child born out of wedlock may be a problem...
EXPEDITIOUS NATURALIZATION FOR CHILDREN BORN OUTSIDE THE UNITED STATES
EXPEDITIOUS NATURALIZATION
CHILDREN BORN ABROAD TO A U.S. CITIZEN PARENT
USING GRANDPARENTS' PHYSICAL PRESENCE IN THE UNITED STATES
TO HELP THE CHILD BECOME A U.S. CITIZEN
Q. IF MY CHILD IS BORN ABROAD, IS THE CHILD A U.S. CITIZEN?
A. YOUR CHILD MAY BE A U.S. CITIZEN IF YOU MEET THE REQUIREMENTS OF THE IMMIGRATION AND NATIONALITY ACT TO TRANSMIT CITIZENSHIP.
Q. WHAT ARE THOSE REQUIREMENTS?
A. IF YOU AND YOUR SPOUSE ARE BOTH U.S. CITIZENS, AND ONE OF YOU RESIDED IN THE UNITED STATES OR AN OUTLYING POSSESSION PRIOR TO THE CHILD'S BIRTH, AND THE CHILD WAS BORN IN WEDLOCK, YOUR CHILD BORN ABROAD ACQUIRES U.S. CITIZENSHIP UNDER SECTION 301(c) INA IF YOUR SPOUSE IS AN ALIEN, YOU MUST HAVE LIVED IN THE UNITED STATES FOR A SPECIFIC PERIOD OF TIME BEFORE THE CHILD WAS BORN TO TRANSMIT CITIZENSHIP. FOR CHILDREN BORN ON OR AFTER NOVEMBER 14, 1986, THE U.S. CITIZEN PARENT MUST HAVE LIVED IN THE UNITED STATES OR AN OUTLYING POSSESSION FOR 5 YEARS, 2 AFTER THE AGE OF 14, PRIOR TO THE BIRTH OF THE CHILD.
SEE OUR INFORMATION REGARDING ACQUISITION OF U.S. CITIZENSHIP AND PHYSICAL PRESENCE REQUIREMENTS.
Q. WHAT IF I HAVEN'T LIVED IN THE UNITED STATES FOR THE REQUIRED PERIOD OF TIME, HOW CAN MY CHILD BECOME A U.S. CITIZEN?
A. SECTION 322 OF THE IMMIGRATION AND NATIONALITY TECHNICAL CORRECTION ACT OF 1994 BECAME EFFECTIVE APRIL 1, 1995. IT ENABLES YOU TO APPLY FOR THE EXPEDITIOUS NATURALIZATION OF YOUR CHILD.
Q. HOW DOES THIS WORK?
THERE ARE TWO OPTIONS, AND THE ONE YOU CHOOSE MAY DEPEND ON WHERE YOU ARE RESIDING.
1. IF YOU AND YOUR CHILD ARE LIVING IN THE UNITED STATES AND THE CHILD ENTERED THE UNITED STATES WITH A U.S. IMMIGRANT VISA AS A PERMANENT RESIDENT, APPLY AT THE BCIS DISTRICT OFFICE WITH JURISDICTION OVER YOUR PLACE OF RESIDENCE IN THE UNITED STATES. TO FIND OUT WHERE THOSE OFFICES ARE LOCATED, CONTACT THE BCIS INFORMATION SERVICE LINE AT 1-800-755-0777 OR SEE THE BCIS WEB SITE FOR A LIST OF BCIS FIELD OFFICES .
2. IF YOU AND THE CHILD ARE RESIDING ABROAD, THE CHILD MAY BE ELIGIBLE FOR EXPEDITIOUS NATURALIZATION IF YOUR PARENT, THE CHILD'S U.S. CITIZEN GRANDPARENT, WAS PHYSICALLY PRESENT IN THE UNITED STATES FOR A PERIOD TOTALING 5 YEARS, 2 AFTER THE AGE OF 14. THE GRANDPARENT CAN BE LIVING OR DECEASED AT THE TIME OF THE APPLICATION. IF DECEASED, THE GRANDPARENT MUST HAVE BEEN A CITIZEN PRIOR TO THE CHILD'S BIRTH AND AT THE TIME OF THE GRANDPARENT'S DEATH.
Q. I WILL BE LIVING ABROAD WITH MY FAMILY FOR SOME TIME. HOW DO I APPLY FOR EXPEDITIOUS NATURALIZATION FOR MY CHILD USING THE "GRANDPARENT" PROCEDURE?
A. COMPLETE AND FILE BCIS FORMS N-600 - APPLICATION FOR CERTIFICATE OF CITIZENSHIP AND N-600/N-643 SUPPLEMENT A - APPLICATION FOR TRANSMISSION OF CITIZENSHIP THROUGH A GRANDPARENT. SEND FORM N-600, N-600/N-643 SUPPLEMENT A, SUPPORTING DOCUMENTS AND THE REQUIRED FEE TO ONE OF THE 51 BCIS FIELD OFFICES IN THE UNITED STATES . FOR INFORMATION ABOUT HOW TO OBTAIN BCIS FORMS CLICK HERE OR CALL 1-800-870-3676.
BCIS WILL DETERMINE WHETHER YOUR CHILD IS ELIGIBLE AND APPROVE THE APPLICATION, THEN FORWARD YOU A LETTER AND NATURALIZATION APPOINTMENT DATE. YOU PRESENT THE BCIS APPROVAL AND APPOINTMENT LETTER TO THE U.S. EMBASSY OR CONSULATE.
THE U.S. EMBASSY OR CONSULATE WILL ISSUE THE CHILD A B-2 VISA. THIS PROCEDURE ALLOWS PARENTS TO MAKE A ONE STOP VISIT TO THE UNITED STATES FOR THE PURPOSES OF NATURALIZING THEIR CHILD AS A U.S. CITIZEN.
Q. CAN I USE MY PARENTS' (THE CHILD'S U.S. CITIZEN GRANDPARENTS') PHYSICAL PRESENCE IN THE UNITED STATES TO JUST APPLY FOR A U.S. PASSPORT AND FOREIGN SERVICE REPORT OF BIRTH OF THE U.S. CITIZEN ABROAD AND AVOID THE VISA AND NATURALIZATION PROCESS?
A. NO. THE TECHNICAL CORRECTION ACT OF 1994 DID NOT AMEND SECTION 301(G) OF THE IMMIGRATION AND NATIONALITY ACT REGARDING ACQUISITION OF U.S. CITIZENSHIP OF CHILDREN BORN ABROAD. SECTION 322 INA CREATED A PROCEDURE FOR EXPEDITIOUS NATURALIZATION OF AN ALIEN CHILD BORN TO A U.S. CITIZEN PARENT.
Q. ARE THERE ANY TIME LIMITS FOR THE APPLICATION?
FOR THE NATURALIZATION BENEFIT TO BE GRANTED, THE APPLICATION MUST BE FILED, ADJUDICATED AND APPROVED BY BCIS, WITH THE OATH OF ALLEGIANCE ADMINISTERED BEFORE THE CHILD'S 18 TH BIRTHDAY.
Q. HOW CAN I FIND OUT MORE ABOUT THIS PROCESS?
IF YOU HAVE ANY QUESTIONS ON THE APPLICATION PROCESS OR NEED ADDITIONAL APPLICATION FORMS, PLEASE CONTACT THE BRANCH CHIEF, CUSTOMER SERVICE, BCIS HEADQUARTERS BENEFITS, 425 I STREET N.W., ROOM 3214, WASHINGTON, D.C. 20536; TEL: 800-375-5283 OR SEE THE BCIS WEB SITE AT http://www.uscis.gov/graphics/index.htm... .
Ignore any post above that state that a child has to be born on US soil to be a US citizen. Total rubbish.
Read here for information on reporting a birth abroad at the US embassy in Japan. http://japan.usembassy.gov/e/acs/tacs-71...
The baby will look Japense, and be Japenese. It will be terrible. You will never be able to remove your Japenese baby from Japan.
The 14th Amendment: There are two ways to become a citizen...birth and naturalization. Birth: If a child is born to a US citizen - he's a citizen or if he's born on U.S. soil, he's a citizen. Jus Soli
Naturalization: If someone applies for citizenship under lawful acts he may become a citizen.
So, your son will be a citizen no matter where he's born. He, however, will not be allowed to become President because the President must be born on US soil. PS. US embassies and military bases and some other exceptions are made to the law of the soil. Jus Sanguini
The Immigration information post by website user , MyTend.com not guarantee correctness.
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