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question
My sister is pregnant. She is married to a Polish citizen and lives and works in Poland. She has no intention of ever returning to the U.S. and plans of becoming a Polish citizen. My question is does anyone know if her child would be considered a U.S. citizen because she is?
this is what i found:
The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child?s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.
REPORTING THE BIRTH
A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child?s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:
(1) an official record of the child?s foreign birth;
(2) evidence of the parent(s)? U.S. citizenship (e.g., a certified birth certificate, current U.S.
passport, or Certificate of Naturalization or Citizenship);
(3) evidence of the parents? marriage, if applicable; and
(4) affidavits of parent(s)? residence and physical presence in the United States.
the first 3 things are easy. But the 4th is impossible as she has no residence here and no physical presence.
any ideas?
Re: question
Yes, the baby will be an American citizen if your sister lived in the US for at least 5 years before the child's birth, and if two or more of those were after the age of 14. If they ever intend to travel back to the US with the baby they must get the baby a US passport. If you are a US citizen you MUST travel in and out of the US on your US passport.
Number 4, I believe, is not her current physical presence/residence in the US meeting those requirements that I listed above. I imagine if your sister moved to Poland as an adult she meets those requirements and therefore her child will be considered a US citizen and they will have to get the baby a US passport to travel back to the US.
If they attempt to return to the US and your sister enters on her US passport and then gives a Polish passport for her baby they can deny them entry into the US, and will actually do so.
Edit: Also, unless she renounces her US citizenship she has to enter the US on her US passport, regardless of whether or not she has Polish citizenship. If Poland does not allow dual citizenship then she will have to renounce her US citizenship but she will still be required to file taxes in the US for 10 years I believe.
Aw, thank you, we think so too but we are biased!
Like ever? Even for a visit?
Yeah, this is what I am wondering. Even if she returns for a visit, ever, she has to get her baby a US passport.
Okay, just checking. It doesn't matter how frequently or how little she visits, it is the same requirements. Just wanted to make sure you knew since the whole citizen thing goes hand in hand with the passport.
Just because she doesn't plan on returning doesn't mean she shouldn't go ahead and register that baby with the US embassy when it's born to give her child options for the future. Something to think about...