Woman is a naturalized USA citizen, living abroad in a country that is
not a USA dependent territory.

(1) Would she need to return to the USA to give birth, if her child is
to have citizenship rights?

(2) If so, is there any way around this requirement?

(3) Is there an immigration lawyer able to provide formal, but
off-the-cuff confirmatory advice by internet for a modest fee?

In anticipation of your disclaimers and protests, yes, I am aware that
Google Researchers are not expected to provide formal legal advice.  I
am looking for preliminary research that will form the basis of my
research.  I am also aware that the above is a multi-part question,
but it is one that should be answerable in its entireity from the same
search.

I'll give five stars for a complete answer, four for a good answer
that answers most of what I'm looking for.

---

Clarification of Question by spurious-ga on 21 Apr 2003 20:08 PDT

Useful material that will help is to be found here:

http://makeashorterlink.com/?F2B144B44

---

Clarification of Question by spurious-ga on 22 Apr 2003 08:12 PDT

Woman has previously been resident in the USA for over five years.

---

Request for Question Clarification by czh-ga on 22 Apr 2003 10:55 PDT

What is the citizenship of the father?
czh

---

Request for Question Clarification by czh-ga on 22 Apr 2003 11:12 PDT

Hello spurious-ga,

I’ve started researching your question and I need a lot more
information to be able to give you an answer. Please provide the
following additional information:

When was the mother naturalized?
What was the mother’s original citizenship?
What is the father’s citizenship?
If naturalized US citizen, when was he naturalized?
Times that mother resided in the US?
Times that father resided in the US?
Are the parents married? (Special rules apply to Birth Abroad
Out-of-Wedlock)

Regarding your request for an immigration lawyer – where are you
located?

Thanks.
czh

---

Clarification of Question by spurious-ga on 22 Apr 2003 11:12 PDT

UK citizen

---

Clarification of Question by spurious-ga on 22 Apr 2003 11:21 PDT

Czh-ga, Thanks for your help.  Here's the clarifications:

When was the mother naturalized? 

  July 1992

What was the mother’s original citizenship? 

  Hong Kong

What is the father’s citizenship? 

  UK

If naturalized US citizen, when was he naturalized? 

  N/A

Times that mother resided in the US? 

  July 1986 - July 1992 (six full years)

Times that father resided in the US?

  Nil - short stays on Visa waiver only

Are the parents married? (Special rules apply to Birth Abroad
Out-of-Wedlock)

  Yes

All parties are currently located in HK.

Hello spurious-ga,

The short answer is that the child will be a US citizen and the mother
will not have to return to the US. The details below should put your
mind at rest. I’ve included two law firms that do business online to
help you confirm this information.

Best wishes for the new arrival. :-)

czh

---------------------------------------------------------------------
(1) Would she need to return to the USA to give birth, if her child is
to have citizenship rights?

http://travel.state.gov/acquisition.html
Birth Abroad to One Citizen and One 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.
Summary of facts:
 -- Mother is a US citizen
 -- Father is not a US citizen
 -- Parents are married
 -- Mother was physically present in the US from 7/86 – 7/92
 -- Age of mother at time of physical presence unknown – assume over
14

The child of these parents will be a citizen by birth and the mother
does not need to return to the US to give birth.

http://travel.state.gov/citcheck.html
Documentary Evidence Needed to Establish a Citizenship Claim 
http://travel.state.gov/physpres.html
AFFIDAVIT OF PARENTAGE AND PHYSICAL PRESENCE
http://www.usconsulate.org.hk/consular/acs2.htm
CONSULATE GENERAL OF THE UNITED STATES OF AMERICA -- HONG KONG
Documentation of U.S. Citizens Born Abroad

http://www.geobaby.com/resources/Detailed/272.html
Home : Hong Kong : Birth Registration and Legal documents : US
Citizens Birth Registration

----------------------------------------------------
(2) If so, is there any way around this requirement?
Not applicable

--------------------------------------------------------------
(3) Is there an immigration lawyer able to provide formal, but
off-the-cuff confirmatory advice by internet for a modest fee?

http://www.onlinevisas.com/about.asp
We are Jon and William Velie, a new generation of immigration
attorneys. We have broken away from tradition to better serve the
needs of today's sophisticated immigrant.
http://www.onlinevisas.com/contact.asp
Norman, OK ·  Dallas, TX ·  San Francisco, CA ·  Aspen, CO ·  Moscow,
Russia
405-364-2525
877-304-2525 (toll free)
405-364-2587 (fax)
E-mail info@velieandvelie

http://www.immigration.bakerdonelson.com/services/index.cfm
The Immigration Team responsible for this site is part of Baker
Donelson Bearman & Caldwell, P.C., a law firm of over 250 attorneys
and policy advisors in 8 offices. We have what we think is a unique
approach to immigration law that combines mastery of the legal
details, coordination with other practice areas, and appreciation for
the human beings involved.
http://www.immigration.bakerdonelson.com/services/information.cfm?catID=83
Please use the following options for communications with us arising
from this site:
schedule a paid consultation 
discuss corporate business 
register for our email alerts 
inquire about our services or suggest improvements to our web site 


---------------
SEARCH STRATEGY
---------------
us citizenship by birth
immigration lawyer birth abroad

Thanks! That's a great answer and I will know what information to
supply when I seek a paid consultation.  Hopefully, this question will
pay for itself in Lawyer's time saved.

Hello spurious-ga,

I'm glad my answer was helpful and thanks for the tip.

czh