US citizenship for baby, but don't meet presence requirements

I'm a U.S. citizen, and I've just had a child. My female partner is British and we are unmarried.

I'd like my child to have U.S. citizenship, but we are unmarried and I don't fully meet the physical presence requirements. My mother, the baby's grandparent, is a U.S. citizen and currently lives in the U.S. I've read in some places that if one of the grandparents meets said requirement it might be possible getting citizenship through them. Does anyone have any experience with this? Or know of resources of experts that could help?

Cheers!

Short answer: no.

Longer answer: Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

Have at least one U.S. citizen parent by birth or naturalization
Be admitted to the United States as an immigrant for lawful permanent residence
After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.
If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child's citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

Have at least one U.S. citizen parent by birth or naturalization
Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.
The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status.

Copied from: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Are you in the armed forces? US government employee stationed abroad? Were your parents (and that was why you don’t meet the physical presence test)?


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Thanks for the reply. Neither myself nor my parents were in the armed forces or government employees stationed abroad.

If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child's citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

Have at least one U.S. citizen parent by birth or naturalization
Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.
The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status.

Copied from: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

By no means an expert, but thinking out loud...

Would the bold part not apply to ldnlover? 

Or is it a moot point since it appears the third stipulation appears to indicate that this is a process that must be done while physically present in the US, with the intention of remaining in the US?

Short answer: no.

Longer answer: Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

Have at least one U.S. citizen parent by birth or naturalization
Be admitted to the United States as an immigrant for lawful permanent residence
After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.
If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child's citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

Have at least one U.S. citizen parent by birth or naturalization
Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.
The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status.

Copied from: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Are you in the armed forces? US government employee stationed abroad? Were your parents (and that was why you don’t meet the physical presence test)?


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No because they aren’t residing in America (and have not indicated this is the plan). They also aren’t deployed overseas (to a US parent who happened to be a citizen by decent) which meant they were unable to be born in the US, which would confer their citizenship.

All of the criteria have to apply, not just have a citizen parent (by descent) and a US resident grandparent.


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