US Citizen Born Abroad but Illegally Entered into the US - Now What???

[USA8998]

Hi,

I am trying to help my friend get her child recognized as a US citizen. My friend, the mother, is a US citizen. The father is a US citizen. The child is 8. He was born in Costa Rica. Both of the parents live in in the US and have been her for several years. My friend was unable to get the child into the US legally because there was a dispute with the local embassy so she had to smuggle her child into the US. The child should be automatically recognized as a US citizen, however, the child is illegally in the US right now. What is her best route to get him recognized as a US citizen?

Any help would be appreciated!

Thank you!

[Amarelle]

Your friend should absolutely get a lawyer.

[bethzly]

wow

Only a lawyer can help your friend

[newacct]

Just apply for a US passport. You don't need a lawyer.

[USA8998]

Just apply for a US passport. You don't need a lawyer.

She already tried to apply for a passport and they said she needed a Green Card.

[PryncissQueen]

Why does a child born to 2 US citizens need a Green card??? That makes no sense... Regardless of where the baby was born. https://www.uscis.gov/policymanual/H...-Chapter3.html

[abumiqdad]

She already tried to apply for a passport and they said she needed a Green Card.

Where and how did the passport application was sent? Done locally within the USA? or application in one of the consulars abroad?

But the child having both parents as a US citizen should automatically be a US citizen according to USCIS (so why would a green card is required for a US citizen)?

Unless there are other circumstances?

Could it be that the child was born abroad (Costa Rica) before both parents became US citizen? and somehow did not inherit the citizenship? In this case, a Green Card (I 551 visa) is needed for the child to enter into the USA and live with the US citizen parents before the child can claim the US citizenship.

[inadmissible]

When applying for passport, it is important to include all the evidence requested in the instructions. Form DS-11 Instructions state:

If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit... your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth

PryncissQueen there are two situations where a child born abroad to two US citizens would need to first be admitted as a permanent resident in order to become a citizen. First, if the parents had naturalized after the child's birth, and second, if the native born parents did not meet the physical presence requirements before the child's birth