Clarify the Immigration and Nationality Act 322

[Umid]

Immigration and Nationality Act 322

I am a Naturalized US Citizen.
I Got my citizenship based on five years of Continuous Presence.

I have a Child Born abroad and my Physical Presence prior child's birth was 4 years and six month... (Not five years)

As a US citizen I applied for My Child's Consulate Report of Birth Abroad Certificate at the Embassy and submitted: Application form DS-2029.
Because a Child a US Citizen Born overseas can acquire citizenship via a parent.

Unfortunately, my application was denied and cosulate wrote that my child did not acquire a citizenship at birth based on INA section 301(g). Amended 11 November 1986.

Presently, I have acquired the rest of missing 6 months of Physical Presence and wandered.

According to Immigration and Nationality Act Section 322. Can I now apply for Consular Report of Birth Abroad at the Consulate and bring my child?

5 years of physical presence is acquired by me:
1. Prior birth of a Child 4 years and 6 months
2. After birth of a Child 6 more months.

Please advice,

 

[FlyingRon]

No. Your child was not born a US citizen so you can't apply for such a certificate. (Sorry, he'll never be president).

INA sec 322 allows you to apply to naturalize him as a citizen now that you are a citizen and have five years presence. You'll need to bring the child legally into the US to make the application (via some temporary visa) while you use this to change his status.

I presume the father is not a US citizen? Were you a citizen at the time he was born?


Best not to guess at this, consult an immigration attorney.