New Member – Birth Abroad

Sorry, it’s been so long that I haven’t post anything on here. I have good news! I been married since November 5, 2010 and my wife is pregnant 4 months now. Though we didn’t expect having any new member added to our family, but its good news. We didn’t on plan having another baby. Now that my wife is pregnant it should be a bit easier for her to obtain her visa.

My new infant will auto get citizenship at birth abroad thanks to U.S. law makers. According to Ho Chi Minh Consulate General of the United States in Vietnam my son gets citizenship due the following:

Birth Abroad to One Citizen and Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child’s birth. For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

The last few months with this good news I spent hours and nights searching the documents and hunting down every paper works needed. I now have everything I need ready for new baby coming.

For those who are having a baby get all these ready so your baby won’t miss out being the next president of the United States! =)

DOCUMENTARY REQUIREMENTS

1. Official Vietnamese birth certificate of the child: Original and 1 photocopy with 1 English translation from the Service of Justice of the district or province.

2. Identity evidence of U.S. citizen parent(s) (e.g. U.S. passport, Certificate of Naturalization): Original and 1 photocopy or 1 true copy certified by a U.S. notary public.

3. Identity evidence of non-U.S. citizen parent (e.g. passport or identity card): Original and 1 photocopy with 1 English translation from the Service of Justice of the district or province.

4. Parents’ marriage certificate (if married): Original and 1 photocopy with English translation from the Service of Justice of the district or province.

5. Proof of termination of previous marriage(s) of either parent (e.g. divorce decree, death certificate): Original and 1 photocopy with English translation from the Service of Justice of the district or province.

6. Supporting evidence of the relationship between the mother and the father (e.g. wedding photos, letters).

7. Supporting evidence of the child’s birth (e.g. hospital/pre-natal records, sonograms, photos of the mother while pregnant).

8. Evidence of both parents’ physical presence in the state/country at the time of the child’s conception (e.g. visa stamps, airline tickets, airlines printouts): original and 1 photocopy.

9. Documentary proof of the American parent’s five years physical presence in the U.S., two of which come after the age of fourteen (Acceptable documentary proof would be: academic records, school transcripts, tax records, Social Security statement, etc.): Original and 1 photocopy.

PROCEDURES

1. Complete the following forms (all attached):

• Form DS-2029 (Application for Consular Report of Birth Abroad of Citizen of the United States of America).

• Affidavit of Parentage and Physical Presence (signed by the U.S. parent and notarized by a U.S. Notary Public).

Form SS-5 (Application for Social Security Number Card).

2. If parents are also applying for a passport for the child at the same time, please:

• Complete form DS-11 online http://travel.state.gov/passport/forms/ds11/ds11_842.html (Passport application form).

• Submit 2 passport photographs of the child

• Both parents should be present to sign the application form before the consular officer for children under the age of 16. If only one parent can be present, then the absent parent must provide Statement of Consent form DS-3053 and notarized by the U.S. notary public.

• Please note that at least one parent and the child must be physically present on the appointment date.

3. Please bring US$205 for the CRBA and passport fees (US$100 for the Report of Birth Abroad and US $105 for a minor passport). All fees are payable in U.S. dollars in cash or by the following credit cards: Visa, MasterCard, Discover, American Express. The Consulate General does not accept checks or Vietnamese Dong.

In addition, the Consulate General can only accept dollars in good condition. Notes that are taped, washed, torn, damaged, or have excessive marks or blemishes will not be accepted.

Submit forms and requested documents to the American Citizen Services Unit at the U.S. Consulate General in Ho Chi Minh City on the appointment date.

NOTES:

• All documents in a foreign language should be translated into English by the Service of Justice of the district or province.

• All documents provided should be original (to be returned after review) with 1 photocopy.

• Photocopies of identification documents should be clear.

• Documents to be notarized by a U.S. notary can be executed by a notary public in the U.S. or at the American Citizen Services Unit of the U.S. Consulate General in Ho Chi Minh City on the appointment date or between 8:30AM and 11:30AM, Monday through Thursday.

• The Social Security Administration will send the SSN card to the mailing address indicated on your form approximately three months after you receive your child’s CRBA and passport.

 

Please note that now that after we submit our documents to receive baby’s passport we should look up local laws in that country for a exit Visa. After my infant is born I would have to go to Immigration Office in Ho Chi Minh City to get his/her visa done.

• For exit visa information from Vietnam, please contact the following offices for detailed instructions:

Immigration Office of Ho Chi Minh City
161 Nguyen Du, District 1, HCMC
Tel: (84-8) 3829-9398 / 3829-7107)

Immigration Dept. of Ministry of Public Security
254 Nguyen Trai, District 1, HCMC
Tel: (84-8) 39200-2300 / 3920-0353