Acquisition of U.S. Citizenship By A Child Born Abroad

Getting US citizenship by birth is the easiest way of becoming a US citizen. Children who are born either in the US automatically become US citizens and all that they need to do is to just document their citizenship status. Children who are born out of the US to US citizen parent or parents also become US citizens automatically if they satisfy certain eligibility criteria.

Process of acquiring US Citizenship for a child who is born abroad

The first and the most important step that should be done is to report the birth of the child to a US consulate when it is born outside the US to US citizen parents. This should be done in order to get a Consular Report of Birth Abroad (FS-240) from the US Embassy or consulate.  It will serve as an official record of the child’s claim to US citizenship.

   

Know about the Consular report of birth abroad

This report can be created only at an overseas American consular office while the child is still under the age of 18. An original report of the birth is issued to the parents once the child’s birth has been reported and approved. The parents may request multiple copies, or a replacement at any time. In case the child is born in a location – Puerto Rico, US Virgin Islands, American Samoa, Guam and Swains Island, then this report of birth should be obtained from the respective Vital Records office.

Previously a Certification of Report of Birth (DS-1350) was issued to children born abroad. This was replaced by the Consular report of birth abroad from December 31, 2010. However the previously issued certificates are also valid as a proof of their birth, identity and citizenship.

Sponsoring an Employee for a Green Card

There are various ways through which a foreign national can become an immigrant. One of them is when an employer sponsors an alien for immigration to the United States. This article would discuss more on this aspect.

The first thing that comes to many prospective employers' minds would be, “How do I sponsor an employee green card?” Much would depend on the the immigration proces which in this case is a multi layered one.

The first step in sponsoring an employee for a green card is to check if the employee is eligible for permanent residency in the United States. Most category of employment would require a Labor Certification from the Department of Labor.

As a first step in sponsoring an employee green card is that the employer should file Form I -140
(Petition for Alien Worker) with the USCIS which should be approved by them. Then the employee has to be provided an immigrant visa number by the State Department. This is mandatory even if the employee is already in the United States.

On providing the visa number and if the applicant is already in the United Staes, he/she has to file Form I 485 to adjust their status to permanent residency. The applicant, if outside the United States when the visa number is made available will have to go the local consular office to complete the immigrant application process.

An employer may file for his employee (who is within or outside the United States) if he/she falls under any of these categories:

EB-1 Priority workers

EB-2 Professionals who possess advanced degrees or persons with exceptional ability

EB-3 Skilled or professional workers

EB-4 Special Immigrants

What does the petition do for an employee?

From the employer's perspective, you will establish an intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for an immigrant visa status as soon as the visa number is made available.

As an employer it is prudent to file the petition as soon as the employee's eligibility is verified as this will establish the employee's eligibility and your intent to hire the employee when you file the petition. This gives the employee an opportunity to apply for immigrant status as soon as a visa number becomes available.

The wait period would generally depend on where in line the application is. If the priority date has reached the head of the line, the employee would be invited by the USCIS to apply for the visa. If the employee is already in the United States legally and has met all the citizenship eligibility requirement he/she can file for the adjustment of status if the visa number is currently available.

The employer cannot file for an employee's spouse or children. However when the employee is invited to apply for a visa, his spouse or children can apply for the immigration visa or to adjust the status at the same time.

After the application is mailed to the USCIS it will be taken up for initial processing. USCIS will then mail a receipt notice that is proof that the petition has been received. It is advisable that all the details are provided correctly. If for any reasons the application is incomplete, not signed or has the incorrect fees, the application would be rejected.

USCIS will inform its decision in writing. If the petition has been approved it would imply that the employee's eligibility for the visa classification has been approved.

How To Replace Your Green Card

The Green Card (USCIS Form I-551), also known as Permanent Resident Card, is a proof of permanent resident status in the United States. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and it might affect your ability to travel or to prove your eligibility to work in the United States.



When do you need to replace your Green Card?



You are required to apply for a replacement Green Card in the following reasons and situations:

*If any information on your card needs to be changed, for example, if your name has legally changed due to marriage or divorce;



*If your card has been lost, stolen, or damaged;



*If you became a permanent resident before you turned 14 years old. You are required to replace your card when you become 14 years old;



*If your card is about to expire. This does not apply to you if you are a conditional permanent resident whose green card is about to expire (see below);



*If your Permanent Resident Card was issued with incorrect information because of an administrative error made by the USCIS;



*If you never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS);



*If you have a previous version of the alien registration card which is no longer valid (e.g., USCIS Form AR-3, Form AR-103 or Form I-151)

What are the Advantages of US Citizenship?

There are many advantages of being a U.S. citizenship. Becoming a U.S. citizen entitles one to benefits that are not available to Green Card holders including the right to vote, the ability to travel with a US passport, and preference in sponsoring relatives for US citizenship.



One of the advantages of U.S. citizenship is the right to vote in local and national elections. By voting, U.S. citizens can influence local, state, and federal politics. They can elect political representatives and make their voices heard on taxes, schools, and foreign policy, among other issues. U.S. citizens can also be elected to public office. Additionally, they are eligible for certain unelected government jobs and certain jobs requiring security clearances that are not available to Green Card holders. U.S. citizens can make a big impact in the accountability and efficiency of the U.S. government.



US citizens can spend as much time as they like outside of the U.S. with no immigration consequences. Green Card holders may lose their status as permanent residents if they spend too much time outside of the U.S. because of certain legal requirements to be physically present in the U.S.. If Green Card holders lose their status, they have to start the process of permanent residence all over again, which takes time and costs money.



A more intangible advantage of U.S. citizenship is the sense of belonging that citizens feel. Obtaining citizenship helps people feel a part of the community of the United States of America. It is one of many ways to demonstrate commitment to the country and its ideals.

Claiming U.S. Child Citizenship at Birth

Becoming a US citizen is the ultimate dream of many immigrants. It is not an easy process and cannot be achieved in a short period of time. One has to first become a permanent resident and satisfy several eligibility criteria in order to get the citizenship status. However, people who are born in the US are lucky in this aspect as they automatically become US citizens by being born in the US.

How to acquire US citizenship by birth?

When a child falls under any of the below mentioned category, then it indicates that the child has become a US citizen by birth.

• The child should have been born in the US or the outlying US territories
• In case the child is born outside the US, it should have one parent or both the parents as US citizens at the time of its birth.

In order to document their citizenship they need to file in Form N400 (Naturalization certificate) if they were born in the US and Form N-565 – Certificate of citizenship if they were born outside the US to US citizen parent/ parents. The latter type is referred to as derived or acquired citizenship.

What happens when a child is born abroad to US citizen parents?

This kind of a birth should be immediately reported to the nearest US embassy so that an official record of the child’s birth can be issued in the form of a Consular Report of Birth Abroad.  This can be obtained overseas when the child is still under 18 yrs of age.  Both the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of the US citizenship status.

Process of claiming US citizenship

Using N-600

When a person has been born outside the US to US citizen parent/parents, then he/she automatically becomes a US citizen if

• At least one parent is a US Citizen by birth or through the process of naturalization process
• The child currently resides in the U.S. with his/her US citizen parent
• The child  is still under 18yrs of age
• The child is the biological offspring who is now in the legal custody of the U.S. citizen parent prior before reaching his/her 16th birthday
• The child is the biological offspring who was born out of wedlock without having been legitimated and whose mother has become US citizen through the process of naturalization process.
• The child has been living consistently in the US after becoming a  permanent resident
• Of both the child’s parents, the parent who has been awarded  both the legal and physical custody of the child should be a US citizen
• The only surviving parent should be a  US citizen by naturalization.
• If both the child’s parents are US Citizens and one of them has resided in the US prior to the child’s birth.
• If one of the child’s parent is a foreign national and the other is a US citizen who had been physically present in the US for a period not less than five years before the child’s birth. At least two of those years should have been after the parent’s 14^th year

If the child who is claiming for citizenship is below 18 yrs of age on February 27, 2001, but does not meet up with all the above mentioned criteria, then the child can file in Form N-400 to get naturalized as a US citizen. For that he/she needs to become 18 years or older than that and become a permanent resident besides satisfying several other criteria and qualify for it.

The DREAM Act

The DREAM Act: Important Immigration Legislation



The idea behind the Development, Relief and Education of Alien Minors Act, also known as the DREAM Act, is to provide these young men and women, who meet certain requirements, the opportunity to obtain conditional permanent residency.




What are the specific eligibility requirements to qualify for the DREAM Act?


* The individual entered the United States before the age of 16


* The individual must have lived in the United States for at least five (5) consecutive years prior to enactment of the DREAM Act


* The individual must have graduated from high school in the United States, or
have obtained a GED, or have been accepted into an institution of higher
education, such as a college or university


* The individual must be between 12 and 35 years of age when they apply for conditional permanent residency


* The individual must be someone who has good moral character

U.S. Citizen Benefits and Privileges

The Benefits of Becoming a US Citizen


*The Right to Vote

Voting in elections is one such privilege. New citizens are expected to participate in elections and to adhere to the principles of tolerance and understanding towards differing points of view, which is the philosophical basis of the system of government of the United States.



*A Way to Protect your Children's Right to Remain in the U.S.

Permanent resident children under the age of eighteen, who are in the lawful legal and physical custody of their naturalizing parent(s), automatically become U.S. Citizens when their parent(s) becomes naturalized.



*International Travel Made Easier

As a U.S. Citizen, you are not restricted on the amount of time you can spend outside of the U.S. and are not subject to obtaining a re-entry permit. Additionally, travel can be more convenient as many countries do not require Visas of U.S. Citizens.



*A Chance to Reunite Families

Certain immigrants are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of U.S. Citizens, children (under 21 years of age and unmarried) of U.S. Citizens, and parents of U.S. Citizens 21 years of age or older.


*Government Protection

In the event a Permanent Resident is ever accused of an illegal activity, they will remain within the authority of the USCIS and the Immigration Courts, and can be removed (or deported) for such activity. However, U.S. Citizens have the right to an attorney and a fair trial without the threat of being deported.



SOURCE:

US Citizenship Benefits