⌛ US Citizenship

It is generally accepted that the child of a US citizen is also a US citizen no matter where it is born (taken from the US Immigration Service website)

But I was told something today that still bothers me

It seems that if you have a child here ....then suddenly die.... your son can not get US citizenship without a DNA test.... which with you dead is impossible

Your widow, if her application is approved....can immigrate to America with her son.....but then both of them must qualify for naturalization the old fashioned way

I was wondering if an expatriate got an Embassy supervised DNA test on file.....then died could this be used to show paternity and citizenship
of the child

 

From the Internet

It is sometimes possible to get DNA after the subject has died. If death was recent, there may be blood or tissue samples at the hospital or funeral home. For example, the hospital may have taken a biopsy specimen in a medical procedure before death.

If the subject has already been buried, the body could be exhumed to obtain a sample. Obviously, this is a drastic (and expensive) step that requires legal permission in most areas. The chance of recovering useful DNA is fairly good. On the other hand, the chance of recovering DNA from cremated remains is essentially zero.

 

As was explained to me.....it is not so much "legality".... but what the Embassy would accept..... They seem to want the living father to make sworn documents and submit to a supervised DNA test at their facility.....
???? Maybe it is a chain of custody issue.....seeing how they even have Embassy personnel supervising the taking of a living DNA sample ??

I agree if they can get a DNA sample from an Egyptian mummy they certainly can get a DNA sample from a resent corpse

 

I'm not sure about the keeping on file part, theoretically it should work fine, but the embassy has it's own ideas. What the embassy seems to want in most cases is for the US citizen to be present and proactive in seeking citizenship for the child. In cases where for whatever reason the US citizen is not available, they make it very difficult for the other parent to do so, even in some cases involving military personnel who have been killed in the line of duty. As for DNA, they could get it from immediate family members (siblings, etc) and it would be conclusive, but convincing the embassy to accept it is another issue altogether.

In a nutshell, the embassy staff are not your friend!

Larry

 

Especially, it seems, in the Philippines (been my experience that is true around the world....had two buddies spend two years in a Brazilian prison on a "humbug'.... they finally escaped)

I am going to email and write the Embassy..... they are not good at responding to missives.... but it is worth a shot

WHY..... I try to write articles for the paper that help people.....If I can save some grieving widow from an unnecessary hassle.... it is worth it

 

Am I understanding correctly that once my child is born, the child automatically becomes a U.S. citizen, even though my wife is not? If so, do I merely file some documents with the embassy or consulate? Thanks

 

Not an expert by any means.... but my understanding is that while technically your biological son is a US citizen..... you still have to have that status documented by the Embassy ( or the Immigration Service if you are in America)
To do so while you are HERE....does not seem to be a major problem.... just some red tape at the Embassy..... but if you die.....the problem seems to get more complicated....

I am looking for a preventive system...... I had a good friend of mine drop dead walking down the hallway....left his widow and son in a hell of a mess

 

Go to the U.S. consulate in Cebu (or elsewhere) and you should find the whole operation fairly easy and not too expensive.
We didn't even have to provide DNA for our daughter, but we have been together constantly since 2 years before our daughter was born.
The first step is to file for a Social Security card, they are in once a month, so call the Consulate's office for a schedule and pick up the list of requirements, as you will need birth records, Philippine birth certificate (if you filed one) and a few things from the hospital such a proof of live birth and an attending physicians report.
Took 2 months of mostly waiting, but only about $200 and 2 trips to the office for us.

 

You need to file for CRBA, Consular Report of Birth Abroad. Since March this year it can only be applied for online, and an appointment will be set in Manila. CRBAs are only being issued in the US now, whereas previously all consular offices had the forms. You will need the normal documents, and also be able to provide overwhelming evidence that you were together during the time of conception. If you were not married at the time, you have about a 50% chance they will want a DNA test. If you were married at the time chances are DNA testing will not be required.

Reports of Birth and Derivative Citizenship | Embassy of the United States Manila, Philippines

We currently have two clients waiting for their CRBA appointment, once they get through I will have more updated information about the new process.

Larry

 

Excellent link! Thank you!

This part, on the upper right corner of the application, is funny though: "Estimated Burden: 20 minutes" :D

DS-2029 Application for Consular Report of Birth Abroad