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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108678
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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OK, so I had a card years. During my stay in the U.S. I got

Customer Question

OK, so I had a green card for 10 years. During my stay in the U.S. I got pregnant. The father of the baby is an American citizen born and raised. I had no health insurance, so when it got close I made the difficult decision to return to my country of birth to have the baby. He was born 2 years ago. We got the paternity recorded in my country of birth, which is what we were told was absolutely essential to get done to be able to give our son an American Citizenship. The father, unfortunately, could not afford to travel abroad, and I could not afford to stay longer and wrangle with the US Embassy and get paperwork together without overstaying my visit abroad and lose my Green Card status. So a few months after giving birth, me and our son returned to the U.S using passports from my home country. I filled out the ESTA for both of us, indicating we would be residing in the U.S., it got approved, and off we went. We had no return tickets purchased. We were allowed into the country, both of us. I just today studied passport stamps and found out immigration stamped me in as a green card holder, and our son as a visa waiver stamp expiring in 90 days. Since we got here we have sent in an application for a social security card and number, been told our son needed a passport prior to getting a social security number. The passport application took several turns of returning documents saying we needed these or those papers also, and when we produced everything, finally a letter returned saying first we needed a consular report for birth abroad from the Department of State. The letter came with directions to the website in question, an address to send to etc. So we thought "ah!, passport authority must know how to go about doing this", and thought we would finally get our son registered as a citizen. The Department of State returned all documents saying they were not able to provide the necessary document or registration, and referred us to the American Citizen Services US Embassy in my home country. We extensively examined the website for the Embassy regarding the consular report of birth abroad. The father tried repeatedly to call the American Citizen Services at the Embassy to ask what we needed to do, but each time he made the number selection to talk to the department he got transferred to the emergency line for US citizens instead, and each time he got hung up on when he tried to explain how he ended up on the wrong embassy line. I then wrote the Embassy's American Citizen Services an email asking the questions we needed answers to and explained the trouble with the phone. The reply was an automated message referring us to the website and to the failed phone number. So we decided to try to get it done anyway. We sent in all the required paperwork and fee for a consular report (no passport application included). And got a denial back saying there had to be a personal appointment with the embassy. In the meantime I had long ago sent in my application for naturalization believing it was not possible there would be no way for an American Citizen to report a biological child without the American Citizen being forced to leave the country to get it done, and nobody was telling us no, just kept sending requests for more papers or sending us to the next agency. That just makes no sense at all. By the time we received this latest denial I am also now an American Citizen through naturalization. That is where it stands. Each instance of sending in papers, waiting for replies, scraping up the funds to send in more applications, sending in more required papers after having hunted them down, waiting for replies, took time. Almost two years later the father is still optimistic and thinking we can get this done without having to spend a HUGE amount of money applying for passports, buying tickets, to leave the country to make an American Citizen officially an American Citizen, and do it ourselves. Needless to say my son's 90-day visa waiver stay is long over so I am constantly wondering where my son and I will be spending the next few years, or the rest of our lives, and in how big of a legal problem we are in. I am at the end of my rope and would like an expert opinion on what our options here really are at this point, how bad it is, if there is any chance at all of getting the N-600 citizenship by default or whatever it is called thingy and what we would need to do to get THAT done, or if the best choice is simply to get the passports, leave the country, and pray that the US Embassy will not hold our son's overstay against him. My apologies for the essay, but it is a long story with no real way to shorten it, I think.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What is your child's date of birth? Were you married to the father at the time of birth or after? How long did the father live in the U.S. before your child was born?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Since your child is in the U.S., the proper thing to do is file an N-600 and prove that the father lived in the U.S. the required amount of time before your child was born. IF for some reason that N-600 is denied, then his father just files an I-130 and I-485 and associated forms so that your child would get U.S. Lawful Permanent Residency without having to leave the U.S. At that point, after approval of the green card, then a new N-600 can be filed and under the Child Citizenship Act, he would get a Certificate of U.S. Citizenship. Here are some links:

http://www.uscis.gov/us-citizenship/citizenship-through-parents

http://www.uscis.gov/sites/default/files/files/pressrelease/ChildCitizenshipAct_120100.pdf

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!