Minneapolis, MN asked in Adoption, Family Law and Immigration Law for North Dakota

Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get my child us citizenship. What is my best option? To file a consular report of birth aboard in Hong Kong, or is there another way now that they are both here in the USA with greencard

1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

• The applicant is a child of a parent who is a U.S. citizen by birth;

• The child is under 18 years of age;

• The child is a lawful permanent resident (LPR); and

• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent

You can read more about the requirements here: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

From the description it was not clear to me if you are in fact the birth father, but if you are not the birth father and did not legally adopt the child in a manner that complied with U.S. immigration law, then you would be considered the child’s step-father under the immigration laws and the child could not acquire U.S. citizenship through you.

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