Immigration Q&A: If a U.S. citizen returns to China to give birth to a child, will the child become a U.S. citizen? article cover image
News/Community Wire/Archive/Jan 16, 2012
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Immigration Q&A: If a U.S. citizen returns to China to give birth to a child, will the child become a U.S. citizen?

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Immigration Q&A: If a US citizen returns to China to have a baby, will the child be a US citizen? (Alberta Times) I am a U.S. citizen, but I want to return to China to have a baby...

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Immigration Q&A: If a U.S. citizen returns to China to have a baby, will the baby become a U.S. citizen? (Alberta Times) I am a U.S. citizen, but I want to return to China to have a baby. Will my baby be a U.S. citizen after birth? Many Chinese newlyweds in the United States choose to have their babies in the United States because generally speaking, the medical conditions in the United States are better than those in the United States. We need to discuss on a case-by-case basis based on the nationality of the parents and the marital status of the parents: a. Legitimate children whose parents are American citizens and were born overseas: If both parents are American citizens and the newborn is a legitimate child, you only need to provide proof that one parent has lived in the United States or its territory to obtain citizenship for the newborn. There is no time limit for the period of residence, but it must occur before the child is born. b. A legitimate child born on or after November 14, 1986, to an American parent and a foreign parent: A legitimate child of a U.S. parent and a foreign parent may obtain citizenship. If a newborn wants to obtain U.S. citizenship, parents must submit proof that one of the American parents has lived in the United States or its territories for 5 years, at least 2 of which occurred after the American parent turned 14 years old. These five years must be before the birth of the newborn. c. Illegitimate children born overseas by an American mother: Illegitimate children born overseas by an American mother can obtain citizenship, but they must submit proof that the American mother stayed in the United States continuously for at least one year before the child was born. (Note: The American mother must have lived continuously in the United States or its territories for one year. The time spent overseas by the U.S. military/government or as a dependent of a U.S. government/military employee will not be counted as part of her stay in the United States.) d. Illegitimate children born overseas by an American father: Illegitimate children born overseas by an American father and a foreign mother can obtain citizenship. The American father must submit proof of residence in the United States or its territories for 5 years, at least 2 of which occurred after the American father reached the age of 14. Again, these five years must be before the birth of the new baby. In this case, 1) the foreign mother must sign a declaration of mother-son/mother-daughter relationship in front of a consular officer; 2) the father must sign and swear that he is willing to provide financial support to the child until he reaches 18 years old; 3) the father must provide a written declaration recognizing the father-son/father-daughter relationship; or the child obtains legal status under the local legal system; or before the child reaches 18 years old, a court within his jurisdiction issues a certificate of father-son/father-daughter relationship. The requirement to reside in the United States for a certain period of time is because the U.S. government wants to confirm that U.S. citizens born overseas have certain ties to the United States. If the length of stay in the United States is not required, the offspring of this American mother or father who have never been to the United States or have only stayed for a period of time will also be American citizens. If this continues, there will be a considerable number of American citizens who have never been to the United States. While they enjoy various services provided by the U.S. government abroad, they have never received American cultural influence and patriotic education. The U.S. government certainly does not want these Americans, who are culturally equivalent to foreigners, to enter freely with U.S. passports. If the above requirements are met, the newborn will have U.S. citizenship after birth. But at the same time, this also requires parents to go to the U.S. Embassy or Consulate in China to apply for a U.S. passport and other documents to prove the identity of the newborn.

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